The Lahore High Court (LHC) has ruled that merely being a member of a WhatsApp group or remaining silent within it does not constitute a criminal offence, adding that criminal liability applies only to individuals who upload, share, or forward illegal or defamatory content.
Justice Tariq Saleem Sheikh issued the ruling while dismissing a post-arrest bail application filed by accused Syed Abdul Mannan in a cybercrime case involving allegations of spreading defamatory content via WhatsApp.
The 13-page verdict stated that mere presence in a group or silence is not sufficient to establish guilt against any individual, and that responsibility lies with the person who actively participates in transmitting illegal material.
The court held that the technical analysis report presented in the case appeared credible on preliminary examination, noting that initial evidence pointed to the role of the accused, which would be further scrutinised during trial.
The Lahore High Court directed that the trial be completed promptly and declared the ruling a judicial precedent for future cases.
