a global village. It is connected by digital technology. The principles
applicable to a chat in a home can be applied to what takes place in
an encrypted virtual platform that has restricted access.
Such an
approach alone will be in consonance with liberal democratic
traditions. We are yet to enter into the worlds envisaged by Aldous
Huxley in “Brave New World” and George Orwell in “1984”. What the
respondent proposes amounts to thought-policing.
12.The concept of privacy is now a recognized fundamental right
[AIR 2017 SC 4161 (Justice K.Puttaswamy (Retd.) vs. Union of
India)]. Not only individuals but even groups have privacy rights.
Time has come to recognize the concept of “group privacy”. So long as
the activities of a group do not fall foul of law, their privacy must be
respected.
If the members of a WhatsApp group share child
pornographic content, it is a crime and a punishable activity. If the
members conspire to commit any unlawful act, then again, the
regulatory framework will step in.
But when the members of a
WhatsApp group are merely discussing among them, matters of
common interest, that cannot be a target of attack. The members of
the WhatsApp group formed by the petitioner felt aggrieved by some of
the actions of the respondent Bank.
The petitioner expressed his
views. Of course, the manner of expression cannot be said to be in
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