Introduction

The Parliament enacts the “The Information Technology Act” in 2000. It is the primary law in India for matters related to cyber-crime and e-commerce.

The amendment Act of 2008 amends The IT Act, 2000. This amendment introduced the controversial Section 66A into the Act.

Section 66A

  • Section 66A gave authorities the power to arrest anyone accused of posting content on social media that could be deemed ‘offensive’.
  • This amendment was passed in Parliament without any debate.
  • This section provides punishment for sending any ‘information that is grossly offensive or has menacing character’.
  • It also made it an offence to send any information that the sender knows to be false, but for the purpose of annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill-will, through a computer or electronic device.
  • The penalty prescribed for the above was up to three years’ imprisonment with a fine.

Arguments against Section 66A

  • Experts stated that the terms ‘offensive’, ‘menacing’, ‘annoyance’, etc. were vague and; ill-defined or not defined at all.
  • There was a lot of scope for abuse of power using this provision to intimidate people working in the media.
  • This also curbed the freedom of speech and expression enshrined as a fundamental right in the Constitution.
  • Earlier the use of this section was to arrest persons for making any uncharitable remarks or; criticisms against politicians.

Shreya Singhal v Union of India (2015)

This landmark case plays a very important role in the Indian legal system. The case revolves around the fundamental right of freedom of speech and expression under Article 19(1)(a) of the Constitution of India, which challenged the constitutional validity of section 66A and led to the struck down of section 66A of the Information Technology Act 2000 Section 66A is the punishment for sending offensive messages through communication services, etc.

Brief facts of the case:

In 2012 Mumbai police arrest two girls-Shaheen Dhada and Rinu Srinivasan for expressing their displeasure at a bandh; namely in the wake of Shiv Sena chief Bal Thackery’s death. The women posted their comments on Facebook. Later on the police release both of the women. The police decide to close the criminal cases against them yet the arrests attract widespread public protest. According to the public, the police misuses their power by invoking Section 66A inter-alia contending that; it violates the freedom of speech and expression.

Conclusion:

Therefore the Section is unconstitutional also on the ground that it takes within its sweep protected speech. The speech that is innocent in nature and; is liable therefore to be used in such a way as to have a chilling effect on free speech and; would, therefore, have to be struck down on the grounds of overbreadth.

Section 66A of the Information technology Act, 2000 is struck down in its entirety as being violative of Article 19(1)(a). Article 19(2) does not save the said section. Section 69A of the IT Act states about blocking for access of information by the public is constitutionally valid.

Read more blogs [email protected]

35 Replies to “FREEDOM OF SPEECH AND EXPRESSION & CYBER LAW”

  1. by PatrickSpone 1 week ago

    https://semaglupharm.com/# highest dose of rybelsus

  2. by BillySiz 1 week ago

    Online statin therapy without RX: Crestor Pharm – CrestorPharm

  3. by BillySiz 1 week ago

    Crestor Pharm: rosuvastatin rash – CrestorPharm

  4. by BillySiz 1 week ago

    Affordable Lipitor alternatives USA: atorvastatin 20 mg – Lipi Pharm

  5. by BillySiz 1 week ago

    Crestor Pharm: Crestor 10mg / 20mg / 40mg online – Crestor Pharm

  6. by BillySiz 1 week ago

    PredniPharm: PredniPharm – PredniPharm

  7. by BillySiz 1 week ago

    PredniPharm: prednisone cream rx – Predni Pharm

  8. by BillySiz 7 days ago

    Over-the-counter Crestor USA: CrestorPharm – crestor dosing

  9. by BillySiz 6 days ago

    40 mg lipitor: LipiPharm – can you take tylenol with atorvastatin

  10. by BillySiz 6 days ago

    SemagluPharm: SemagluPharm – SemagluPharm

  11. by BillySiz 6 days ago

    LipiPharm: LipiPharm – LipiPharm

  12. by Roberttooff 6 days ago

    canadian pharmacy ltd: reddit canadian pharmacy – pharmacy canadian

  13. by MichelLiard 5 days ago

    mexico drug stores pharmacies: Meds From Mexico – Meds From Mexico

  14. by Roberttooff 5 days ago

    canada pharmacy online legit: Canada Pharm Global – pharmacy canadian

  15. by MichelLiard 5 days ago

    medicine in mexico pharmacies: mexican drugstore online – Meds From Mexico

  16. by Roberttooff 5 days ago

    top 10 pharmacies in india: top 10 pharmacies in india – India Pharm Global

  17. by JamesRor 5 days ago

    https://canadapharmglobal.com/# safe canadian pharmacy

  18. by Samuelepize 4 days ago

    best online canadian pharmacy Canada Pharm Global canadian pharmacies

  19. by Roberttooff 4 days ago

    canadian pharmacy com: Canada Pharm Global – best canadian pharmacy

  20. by Roberttooff 4 days ago

    medication canadian pharmacy: canadian mail order pharmacy – cheapest pharmacy canada

  21. by ClintonElade 3 days ago

    EFarmaciaIt: farma be – trausan 1000 30 bustine prezzo

  22. by ClintonElade 3 days ago

    EFarmaciaIt: EFarmaciaIt – propecia 84 compresse prezzo

  23. by ClintonElade 3 days ago

    Papa Farma: viagra comprar – apotheke madrid

  24. by Williamtax 3 days ago

    EFarmaciaIt: EFarmaciaIt – EFarmaciaIt

  25. by ClintonElade 2 days ago

    Papa Farma: farmacia campiГ±a – Papa Farma

  26. by Williamtax 2 days ago

    vessel 250 mg: EFarmaciaIt – farmacia spese spedizione gratis

  27. by ClintonElade 2 days ago

    Papa Farma: nГєmero de telГ©fono de farmacia – pharmacy malaga

  28. by ClintonElade 2 days ago

    depo medrol pomata: EFarmaciaIt – trausan equivalente

  29. by ClintonElade 1 day ago

    bromelain apotek: tГҐskiller apotek – Rask Apotek

  30. by AlbertFluop 22 hours ago

    PharmaJetzt: pille apotheke – PharmaJetzt

  31. by AlbertFluop 16 hours ago

    Pharma Confiance: Pharma Confiance – fabriquer un god

  32. by AlbertFluop 11 hours ago

    Pharma Confiance: avis sur clinique vГ©tГ©rinaire normandia – 123 detection avis

  33. by AlbertFluop 6 hours ago

    livraison doliprane: Pharma Confiance – achat cialis en france

  34. by AlbertFluop 35 minutes ago

    rite aid pharmacy abilify: PharmaConnectUSA – PharmaConnectUSA

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.