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വാട്ട്സാപ്പ് ഗ്രൂപ്പ് പോസ്റ്റിംഗ് - അഡ്മിന്‍ കേസില്‍ പ്രതിയാകില്ല Whether an admin can be arrested for whatsapp group posting ?

വാട്ട്സാപ്പ് ഗ്രൂപ്പ് പോസ്റ്റിംഗ് - അഡ്മിന്‍ കേസില്‍ പ്രതിയാകില്ല

വാട്ട്സ്പ്പ് ഗ്രൂപ്പില്‍ ആളെ ചേര്‍ക്കുന്നത് അഡ്മിനാണ്. അങ്ങനെ ചേര്‍ത്ത ആളുകള്‍ പലസ്വഭാവക്കാരായിരിക്കും. എല്ലാവരുടെയും മനസ്സിലിരുപ്പും കൈയ്യിലിരുപ്പും അഡ്മിനെങ്ങനെ അറിയും? പക്ഷെ എന്നാലും ഗ്രൂപ്പില്‍ പോസ്റ്റ് ചെയ്യുന്ന ക്രിമിനല്‍ കുറ്റകരമായ പോസ്റ്റിംഗികുള്‍ക്ക് അഡ്മിനെകൂടി പ്രതി ചേര്‍ക്കുന്ന തരത്തിലാണ് കാര്യങ്ങള്‍ നടന്നുവന്നിരുന്നത്. എന്നാല്‍ 2016 നവംബര്‍  29 ന് ഒരു സിവില്‍ കേസില്‍ ഡല്‍ഹി ഹൈക്കോടതി മറിച്ചു പറഞ്ഞു. രാജ്യത്ത് പല സ്ഥലത്തും നിരവധി അറസ്റ്റുകള്‍ ഈ വിഷയത്തില്‍ നടന്നിട്ടുണ്ട്. അതുകൊണ്ട് തന്നെ മാനഹാനിക്ക് നഷ്ടപരിഹാരമാവശ്യപ്പെട്ടുകൊണ്ടുള്ള സിവില്‍ കേസിലാണെങ്കിലും ഈ വിധി വിവരസാങ്കേതിക മേഖലയില്‍ പ്രാധാന്യമുള്ളതാണ്. ആശിഷ് ബല്ലയും സുരേഷ് ചൗധരിയും തമ്മിലുളള് കേസിലാണ് വിധി.
ആളുകളെ നീക്കം ചെയ്യാന്‍ ബാധ്യതയുണ്ട്
കുറ്റകരമായ കാര്യങ്ങള്‍ ചെയ്ത അംഗങ്ങളെ നീക്കം ചെയ്യാന്‍ അഡ്മിന് ബാധ്യതയുണ്ട് എന്ന നിയമവശം ഈ കേസില്‍ ഉന്നയിക്കപ്പെട്ടില്ല. അക്കാര്യത്തെ സംബന്ധിച്ച് വാദമില്ലാതിരുന്നതിനാല്‍ ആ ബാധ്യത അങ്ങനെ തന്നെ തുടരും. കോടതി ഉത്തരവുകളിലൂടെയും ആളുകളെ നീക്കം ചെയ്യാന്‍ അഡ്മിനോട് ആവശ്യപ്പെടാം.  ഇന്‍ഫര്‍മേഷന്‍ ടെക്നോളജി നിയമം വകുപ്പ് 67 പ്രകാരവും ഐ പി സി 153എ, വകുപ്പ് 34 പ്രകാരവുമെല്ലാം നിരവധി കേസുകള്‍ 2016 കാലഘട്ടത്തില്‍ അഡ്മിന്‍മാര്‍ക്കെതിരെ എടുത്തിരുന്നു.
അഡ്മിന്‍ ഇന്‍ര്‍മീഡിയറി (മധ്യവര്‍ത്തി) അല്ല
നിയമത്തില്‍ പറയുന്നതതു പ്രകാരമുള്ള ഇന്‍റര്‍മീഡിയറി ആയി വാട്ട്സാപ്പ് ഗ്രൂപ്പ് അഡ്മിനെ കണക്കാക്കാനാകില്ല എന്ന് ഈ കേസില്‍ കോടതി പറഞ്ഞു. വാട്ട്സാപ്പ് ഗ്രൂപ്പുകളില്‍ പോസ്റ്റിംഗ് നടത്തുന്ന സമയം അഡ്മിന്‍ സാങ്കേതികമായി ഇന്‍റര്‍മീഡിയറി എന്ന ജോലിയില്‍ വരില്ല. പരസ്പരം പരിചയമില്ലാത്തയാളുകളെ ഒരു വേദിയില്‍ കൊണ്ടുവരുന്നുവെങ്കിലും അഡ്മിന്‍ ഇന്‍റര്‍മീഡിയറി ആകില്ല. അങ്ങനെയായാല്‍പ്പോലും അഡ്മിന് ഐ ടി നിയമം വകുപ്പ് 79 ന്‍റെ സംരക്ഷണം ലഭിക്കും.

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