Uploading Photo On Social Media Not Consent For Others To Use It In Obscene Material: Karnataka High Court

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Published 4 November 2026

Case: Not provided in source
Court: High Court of Karnataka
Bench: Justice S. Rachaiah
Citation: Not provided in source
Statutes: Information Technology Act, 2000 — s.67
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Karnataka High Court held that uploading a photo on social media does not imply consent for others to use it in obscene material. The court emphasized that such misuse constitutes an offence under Section 67 of the Information Technology Act, 2000, and rejected the argument that the victim's act of uploading the photo amounted to consent.

Ratio Decidendi · Legal Principle Established

Uploading a photograph on social media platforms does not grant implied consent for others to use or morph that photograph into obscene material. Such unauthorized use and dissemination of morphed or obscene images constitutes an offence under Section 67 of the Information Technology Act, 2000.

Practice & Procedural Impact for Advocates

Advocates should emphasize that social media privacy settings and user actions do not negate the criminal liability for creating or disseminating obscene material. Litigants should be advised that uploading personal photos online does not diminish their right to protection against misuse and obscenity.

Key Legal Takeaways

1Uploading a photo on social media is not consent for its use in obscene material.
2Misuse of photos to create obscene content is an offence under IT Act, Section 67.
3Victims of such misuse retain their right to legal protection despite sharing photos online.

The Legal Issue The Karnataka High Court addressed the question of whether uploading a photograph on social media platforms implies consent for others to use that photograph to create and disseminate obscene material. The case involved an accused who allegedly morphed a woman's photograph, which she had uploaded on social media, into an obscene image and circulated it. The accused argued that since the victim herself had uploaded the photo, it amounted to consent for its use.

Court's Reasoning Justice S. Rachaiah of the Karnataka High Court rejected the argument that uploading a photo on social media constitutes consent for its misuse in obscene material. The court clarified that the act of uploading a photo on a social media platform is distinct from granting permission for its alteration into obscene content and subsequent circulation. The court held that such unauthorized creation and dissemination of obscene material, even if derived from publicly available photos, squarely falls within the ambit of Section 67 of the Information Technology Act, 2000. The court emphasized that the victim's action of sharing a photo online does not absolve the accused of criminal liability for creating and circulating obscene content.

What Follows The Karnataka High Court's ruling clarifies the scope of consent in the digital age, particularly concerning the use of personal images shared on social media. This decision reinforces that individuals retain their right to privacy and protection against obscenity, even when they share content online. The judgment implies that law enforcement agencies should continue to prosecute cases involving the misuse of social media photos for obscene purposes under Section 67 of the Information Technology Act, 2000, without being swayed by arguments of implied consent based on the victim's online activity.