LHC rules WhatsApp admins, creators not automatically liable for participants' posts
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July 02, 2026
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In a significant ruling on criminal liability in WhatsApp groups, the Lahore High Tribunal held on Thursday that merely creating or administering a
An illustrative image related to: LHC rules WhatsApp admins, creators not automatically liable for participants' posts, highlighting key aspects of the story. | Image source: The Express Tribune
LHC rules WhatsApp admins, creators not automatically liable for participants' posts
In a significant ruling on criminal liability in WhatsApp groups, the Lahore High Tribunal held on Thursday that merely creating or administering a WhatsApp collective did not create a individual criminally liable for every message posted by its participants, while mere membership of a collective, passive receipt of content or collapse to leave it plus did not constitute a criminal offence.
Fairness Tariq Saleem Sheikh observed that criminal liability in cases involving WhatsApp groups must be based on a individual's own identifiable acts rather than their condition as a collective creator, administrator or member.
The tribunal ruled that an administrator ordinarily had no authority to moderate or authorize messages before they were posted and could not be held vicariously liable for objectionable content shared by others unless evidence showed common intent, conspiracy, abetment or active participation in circulating unlawful material.
The observations came while dismissing a post-detention bail petition filed by an individual arrested in a cybercrime proceeding involving allegations of circulating blasphemous material through WhatsApp groups.
The petitioner had sought post-detention bail in FIR No. 57/2024, registered by the FIA Cyber Offense Wing, Lahore, under Sections 295-A, 295-B, 295-C, 298-A (blasphemy) and 109 (abetment) of the Pakistan Penal Script (PPC), along with Section 11 of the Prevention of Electronic Crimes Perform (PECA), 2016.
According to the prosecution, the complainant was added to two WhatsApp groups where several participants allegedly shared blasphemous posts. After preserving screenshots of the content, he approached the FIA Cyber Offense Wing, which registered an inquiry. Another complaint regarding the same groups was later merged into the inquiry, following which investigators concluded that the petitioner had uploaded, shared, and disseminated the offensive material, leading to the registration of the FIR.
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