What you share on Whatsapp can land you in Jail?

Every election brings in array of inflammatory messages being shared across the social media by all the political parties and their affiliates. Legally speaking this amounts to violation of rules related to privacy. More so if it is shared by a government servant then there can be disciplinary action, Suspension/ Dismissal from job to even jail term. Most of us are so much obsessed to just sharing the information we never realise what the law says as far this is concerned.

What does Section 66 A of the Information Technology (Amendment) Act, 2008 say?

Any person who sends, by means of a computer resource or a communication device,—

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages,

shall be punishable with imprisonment for a term which may extend to three years and with fine.

 Explanation.— For the purpose of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, images, audio, video and any other electronic record, which may be transmitted with the message.

Can Whatsapp Message be taken as Evidence?

A screenshot of the message history would be difficult to authenticate effectively in a court of law; this does not mean that it cannot be admitted, but it would be rather difficult, as it's the visual equivalent of hearsay.   If, however, one were able to subpoena the business records of Whatsapp related to the message, and through those records tie the message content to the sender and receiver, then it would be highly likely to be admissible.

What does Civil Service (Conduct) rules say?

ule 5 Taking part in politics and elections

(1) No Government servant shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.

(2) It shall be the duty of every Government servant to endeavour to prevent any member of his family from taking part in, subscribing in aid of, or assisting in any other manner any movement or activity which is, or tends directly or indirectly to be, subversive of the Government as by law established and where a Government servant is unable to prevent a member of his family from taking part in, or subscribing in aid of , or assisting in any othermanner, any such movement or activity, he shall make a report to that effect to the Government.

(3) If any question arises whether a party is a political party or whether any organisation takes part in politics or whether any movement or activity falls within the scope of sub-rule (2), the decision of the Government thereon shall be final.

(4) No Government servant shall canvass or otherwise interfere with, or use his influence in connection with or take part in an election to any legislature or local authority