The digital revolution has transformed communication in Pakistan. Applications such as WhatsApp have become indispensable. While these platforms have enabled instant communication, they have also raised important legal questions concerning criminal liability for online content.
One of the most common misconceptions is that if a member of a WhatsApp group shares unlawful, offensive or prohibited material, the group admin automatically becomes criminally liable. This assumption often surfaces during investigations into hate speech, fake news, cyber terrorism, online harassment, blasphemous content and other offences under Peca 2026. A careful examination of Pakistan’s constitutional framework and criminal laws, however, demonstrates that this belief is legally incorrect.
The cornerstone of Pakistan’s criminal justice system is that criminal liability is personal, not collective. The constitution reinforces this principle through Article 4 and Article 10A. Article 14 further protects the dignity and privacy of individuals. The Pakistan Penal Code reflects the same principle. Criminal liability generally requires proof of both a prohibited act (actus reus) and a guilty mind (mens rea). Mere membership of a WhatsApp group, or even its administration, satisfies neither requirement.
The penal code does recognise limited exceptions where more than one individual may be held liable. Section 34 applies where several persons act with a common intention. Sections 107 and 109 deal with abetment, while Sections 120A and 120B address criminal conspiracy. These provisions require evidence that the accused actively participated in, encouraged, facilitated or conspired to commit the offence.
Peca adopts the same approach. It criminalises a wide range of cyber offences, including unauthorised access to information systems, electronic forgery and fraud, cyber terrorism, hate speech, offences against dignity and privacy, child sexual abuse material, cyberstalking and malicious software. In every case, the statutory language targets the individual who intentionally creates, uploads, publishes, transmits or disseminates unlawful content. Significantly, Peca contains no provision that imposes automatic criminal liability on a WhatsApp group admin solely because another member has posted objectionable material.
This does not mean group admins enjoy complete immunity. Where credible evidence establishes that an administrator personally uploaded illegal content, instructed another person to circulate it, knowingly facilitated its dissemination, encouraged the offence or became part of a criminal conspiracy, prosecution may lawfully follow under both the Pakistan Penal Code and Peca. In such cases, liability arises from the administrator’s own conduct rather than administrative status.
Comparative legal practice supports this interpretation. In the UK and US, criminal responsibility is based on personal conduct and criminal intent rather than mere association with a communication platform.
This distinction is especially important in today’s digital environment. Thousands of WhatsApp groups are used by universities, courts, government institutions, hospitals, businesses and civil society organisations. Administrators generally possess limited powers, such as admitting or removing members. They neither pre-screen every message nor exercise editorial control over group communications. Imposing automatic criminal liability for every message posted by others would create an unrealistic and legally unsustainable burden.
At the same time, responsible digital governance requires administrators to exercise reasonable care. They should establish clear group rules, discourage unlawful content, remove manifestly illegal material where reasonably possible and cooperate with lawful investigations.
Ultimately, the legal position in Pakistan is clear. The constitution, PPC and Peca all recognise that criminal liability is individual and evidence-based. The person who intentionally creates, uploads, shares or forwards unlawful electronic content bears primary responsibility. Neither a WhatsApp Group Admin nor other group members become automatically criminally liable merely because of their status or association. Liability arises only where the prosecution proves, beyond reasonable doubt, common intention, abetment, facilitation, conspiracy or direct participation in the commission of the offence.
The writer is a practising advocate of the Supreme Court of Pakistan with 25 years of legal standing. He can be reached at: [email protected]
Disclaimer: The viewpoints expressed in this piece are the writer’s own and don’t necessarily reflect Geo.tv’s editorial policy.
Originally published in The News
