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ARTICLE · 24 MAY 2021

Sharing Of Unpublished Price Sensitive Information On Whatsapp And "Innocent Tippee" Liability

In November 2017, a story published by Reuters reported that there were private WhatsApp groups where financial results of listed companies were being circulated ahead of the formal announcements.

IndiaFinance and Banking

In November 2017, a story published by Reuters reported that there were private WhatsApp groups where financial results of listed companies were being circulated ahead of the formal announcements. Based on this story, the SEBI investigated the matter and directions were issued to these entities to: (i) strengthen their systems and controls; (ii) conduct internal enquiries into the leakage of unpublished price sensitive information (“UPSI”) and take appropriate action against those found responsible; and (iii) submit reports to the SEBI in this regard.

Further, pursuant to investigations, the SEBI issued a set of orders in 2020, in which it imposed penalties on certain individuals for forwarding WhatsApp messages with details of companies' earnings that were shared ahead of formal announcements. These individuals received such messages on WhatsApp groups that they were a part of and forwarded such messages as they had received them. The results belonged to Bajaj

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