Does forwarding or retweeting offensive posts imply attracting criminal liability?

In recent years, the usage of digital technology has increased by leaps and bounds. Social media also plays a significant role in helping us become more communicative and connected to one another. As per statistics, 1.2 billion people use YouTube and 1.6 billion folks use Facebook. On average, most of us spend around 10 minutes a day simply liking, sharing, and forwarding the messages and posts we have received on social media. However, not often do we realize the potential results of liking or forwarding certain posts. Thus, the wise is always careful in handling social media and ensures that he does not attract any criminal liability through forwarding or retweeting offensive posts.

The Shreya Singhal Case

In the case of Shreya Singha, Section 66A of the Information Technology Act was held unconstitutional. This means that none can be detained by police under the same section, that is, Section 66 of the Information Technology Act. However, this does not mean that any kind of content, without due care and consideration, can be posted on social media.

Let’s understand the words of Indian Law

There is no specific provision in Indian law for retweeting, sharing, or sending social media posts and messages that are against the law. However, a few laws under the Indian Penal Code and the IT Act do establish criminal culpability for such acts.

The IT Act

Talking about the IT Act, a few laws do talk about such an act.

Section 67

This section says that anyone who either publishes or transmits or causes to be published or transmitted any material that has sexually explicit acts or conduct shall be penalized on the very initial conviction. The punishment shall be imprisonment and a fine that may expand to an amount worth ten lakh rupees.

The issue of whether forwarding or retweeting posts on social media platforms is a criminal offense or not is actually left at the discretion of the Court. The Courts shall decide on the matter on the basis of the facts and circumstances of the cases presented before them.