Lahore High Court Provides Huge Relief to WhatsApp Group Admins

The Lahore High Court (LHC) has ruled that creating or administering a WhatsApp group does not automatically make a person criminally liable for messages posted by other members.

The court also held that merely being a member of a WhatsApp group, passively receiving messages, or failing to leave the group does not constitute a criminal offence.

Justice Tariq Saleem Sheikh made the observations while dismissing the post-arrest bail petition of a suspect accused of circulating blasphemous content through WhatsApp groups in a case registered under the Pakistan Penal Code (PPC) and the Prevention of Electronic Crimes Act (PECA), 2016.

The court said criminal liability must be based on a person’s own identifiable actions rather than their status as a group creator, administrator, or member.

It added that WhatsApp administrators generally cannot moderate or approve messages before they are posted and cannot be held vicariously liable unless evidence establishes conspiracy, abetment, common intention, or active participation.

The judgment clarified that liability may arise when a person uploads, forwards, shares, or intentionally circulates unlawful content.

In contrast, merely reacting to a message with an emoji or expression of agreement, or an administrator’s failure to remove objectionable content, does not automatically amount to a criminal offence without additional evidence.

In the present case, the prosecution relied on forensic evidence, including a technical analysis report that allegedly linked the petitioner to offensive material stored in the WhatsApp “sent” folder on his seized mobile phone.

The court rejected claims of evidence tampering at the bail stage, citing a documented chain of custody and the absence of proof of unauthorised access.

Finding sufficient incriminating material against the petitioner, the LHC dismissed the bail application. However, the court clarified that its observations were tentative and limited to the bail proceedings, directing the trial court to expedite the case.