Social media triumphs: SC quashes draconian Section 66A of IT Act

Numerous cases of harassment and arrests because of messages posted on social media

GN Bureau | March 24, 2015


#Supreme Court   #section66a   #IT Act   #social media   #offensive message   #content  


Supreme Court has struck down Section 66A of the Information Technology Act and termed it as unconstitutional as it is violative of Article 19(1)(a). A bench of justices J Chelameswar and R F Nariman, which had on February 26 reserved the judgement, said it encroaches upon "the public's right to know." The law under Section 66A imposes punishment for sending offensive messages through communication service, which seems retrograde in the digital age.  Maximum jail term under the law is three years.

What is Section 66A of IT act

The Information Technology Act 2000 was amended in the year 2008. This amended act contains the much debated 66A section. It imposes punishment for sending offensive messages through communication service.

Read More: Social media harassment and Indian cyber law



It applies to cases wherein:
a) any information that is grossly offensive or has menacing character; or (b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device, (c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages.

Read from our archives: Bad in law

 


Genesis of the case
The apex court had on May 16, 2013, come out with an advisory that a person, accused of posting objectionable comments on social networking sites, cannot be arrested without police getting permission from senior officers.

The direction was issued in the wake of numerous complaints of harassment and arrests, sparking public outrage. It had, however, refused to pass an interim order for a blanket ban on the arrest of such persons across the country.

The court asked centre in December last year to clarify stand on the provisions that ensues arrest or be ready for such laws to be stayed.

Additional Solicitor General Tushar Mehta had said that the Government did not want to curtail the freedom of speech and expression at all which is enshrined in the Constitution, but the vast cyber world could not be allowed to remain unregulated.

However, the court had said that terms like 'illegal', 'grossly offensive' and 'menacing character' were vague expressions and these words were likely to be misunderstood and abused. 

Here is the full text of the judgement: Click Here

Comments

 

Other News

Elections 2024: 1,351 candidates in fray for Phase 3

As many as 1,351 candidates from 12 states /UTs are contesting elections in Phase 3 of Lok Sabha Elections 2024. The number includes eight contesting candidates for the adjourned poll in 29-Betul (ST) PC of Madhya Pradesh. Additionally, one candidate from Surat PC in Gujarat has been elected unopp

2023-24 net direct tax collections exceed budget estimates by 7.40%

The provisional figures of direct tax collections for the financial year 2023-24 show that net collections are at Rs. 19.58 lakh crore, 17.70% more than Rs. 16.64 lakh crore in 2022-23. The Budget Estimates (BE) for Direct Tax revenue in the Union Budget for FY 2023-24 were fixed at Rs. 18.

‘World’s biggest festival of democracy’ begins

The much-awaited General Elections of 2024, billed as the world’s biggest festival of democracy, began on Friday with Phase 1 of polling in 102 Parliamentary Constituencies (the highest among all seven phases) in 21 States/ UTs and 92 Assembly Constituencies in the State Assembly Elections in Arunach

A sustainability warrior’s heartfelt stories of life’s fleeting moments

Fit In, Stand Out, Walk: Stories from a Pushed Away Hill By Shailini Sheth Amin Notion Press, Rs 399

What EU’s AI Act means for the world

The recent European Union (EU) policy on artificial intelligence (AI) will be a game-changer and likely to become the de-facto standard not only for the conduct of businesses but also for the way consumers think about AI tools. Governments across the globe have been grappling with the rapid rise of AI tool

Indian Railways celebrates 171 years of its pioneering journey

The Indian Railways is celebrating 171 glorious years of its existence. Going back in time, the first train in India (and Asia) ran between Mumbai and Thane on April 16, 1853. It was flagged off from Boribunder (where CSMT stands today). As the years passed, the Great Indian Peninsula Railway which ran the

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter