38.6c New Delhi, India, Tuesday, April 23, 2024
Judiciary

Kerala HC stays summons issued to WhatsApp India Rep in obscene video case

By Rintu Mariam Biju      21 February, 2024 02:02 PM      0 Comments
Kerala HC stays summons issued to WhatsApp India Rep in obscene video case

KOCHI: On Tuesday, the Kerala High Court stayed an order passed by a subordinate court summoning WhatsApp's India representative Krishna Mohan Choudhary to provide information regarding the first originator of certain messages in relation to a complaint filed by a lady politician.

The complaint was that the aforesaid messages outraged her modesty and tarnished her image as a politician.

Justice Bechu Kurian Thomas was prompted to grant a stay after accepting WhatsApp’s condition that since the offence alleged is punishable only with less than 5 years of imprisonment, Rule 4(2) [of the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules 2021] can’t be invoked.

The Court was considering a plea moved by WhatsApp challenging an order of the Magistrate Court issued on November 20, 2023 under Rule 4(2) of the IT Rules 2021. In the plea, the messaging app also sought for striking down Rule 4(2) as unconstitutional. 

As per Rule 4(2), a significant social media intermediary which provides messaging service must trace the identity of the first originator of a message, if a court order is passed to that effect. 

It is WhatsApp’s case that Rule 4(2) violates fundamental rights to privacy and freedom of speech guaranteed by the Constitution. Further, it is ultra vires the Information Technology Act, and manifestly arbitrary in violation of Article 14 of the Constitution.

It was further brought to light that challenge to the IT Rules is already pending before various High Courts.

 Advocates Tejas Karia, Swati Agarwal, Shashank Mishra, Akshi Rastogi, Thomas P Kuruvilla and P Prijith appeared for WhatsApp.



Share this article:

About:

Rintu Mariam Biju graduated from the National University of Advanced Legal Studies, Kochi after comp...Read more



Leave a feedback about this
Related Posts
View All

Kerala HC Quashes 498A Dowry Harassment Case Against Live-In Partner, Citing Lack of Relative Status [Read Order] Kerala HC Quashes 498A Dowry Harassment Case Against Live-In Partner, Citing Lack of Relative Status [Read Order]

Read about a recent judgment by the Kerala High Court that quashed a dowry harassment case against a woman in a live-in relationship. The court ruled that she couldn't be considered a relative under Section 498A of the IPC, highlighting the importance of precise legal definitions.

Watching porn on mobile: Kerala HC highlights importance of mother cooked meals, outdoor sports [Read Order] Watching porn on mobile: Kerala HC highlights importance of mother cooked meals, outdoor sports [Read Order]

Kerala High Court emphasizes the importance of outdoor sports, home-cooked meals, and parental supervision, discouraging the gifting of mobile phones to minors. Learn why the court quashed a case related to private porn viewing and the need for responsible parenting.

Lakshadweep MP Mohammed Faizal Disqualified from Lok Sabha After Conviction Suspension Plea Rejected by Kerala High Court [Read Notice] Lakshadweep MP Mohammed Faizal Disqualified from Lok Sabha After Conviction Suspension Plea Rejected by Kerala High Court [Read Notice]

Lakshadweep MP Mohammed Faizal PP faces disqualification from Lok Sabha as Kerala High Court rejects plea to suspend his conviction in an attempt to murder case. Get the latest updates on his legal battle.

Supreme Court Grants Stay on Conviction of Lakshadweep MP Mohammed Faizal in Attempted Murder Case Supreme Court Grants Stay on Conviction of Lakshadweep MP Mohammed Faizal in Attempted Murder Case

Stay tuned for the latest legal developments as the Supreme Court suspends the conviction of Lakshadweep MP Mohammed Faizal in an attempt to murder case. Get insights into this high-profile case and its impact on his political career.

TRENDING NEWS

a-critique-of-the-supreme-courts-adventurism-for-lgbtqia-rights
Trending Legal Insiders
Overreaching Jurisdiction: A critique of the Supreme Court's adventurism for LGBTQIA rights

In its over-enthusiasm to protect LGBTQIA+ rights, has the Supreme Court exceeded its constitutional mandate under Article 142? A Delhi University research scholar evaluates the theme.

22 April, 2024 10:48 AM
new-criminal-laws-watershed-moment-for-society-cji
Trending Legal Insiders
New criminal laws watershed moment for society: CJI [Read Inaugural Remarks]

CJI Chandrachud hails new criminal laws as a watershed moment, marking a significant overhaul for the justice system, emphasizing adaptation and technology's role.

22 April, 2024 11:26 AM

TOP STORIES

burden-to-prove-dishonest-damage-to-electric-meter-is-for-electricity-theft-is-on-the-prosecution-says-delhi-hc
Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM
pil-filed-by-ashwini-kumar-upadhyay-in-sc-for-yr-bachelor-of-law-degree-after-class
Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
centre-sets-up-high-powered-committee-to-suggest-measures-to-end-discrimination-against-queer-community
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM
after-karnataka-hc-delhi-hc-sets-aside-government-circular-banning-23-ferocious-dog-breeds
Trending Judiciary
After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds.

18 April, 2024 01:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email