Friday, March 20, 2015

S 66 A of IT Act, 2000: 1


We should be extremely proud of our prestigious courts though at times we have reasons to complain. 

Now the Supreme Court is examining the constitutional validity of Section 66 A. What is Section 66A of the amended Indian Information Technology (IT Act) Act, 2000?

Section 66 A defines the punishment for sending “offensive” messages through a computer or any other communication device like a mobile phone or a tablet. A conviction can fetch a maximum of three years in jail and a fine.

What is the problem with that?

The vagueness about what is “offensive”. The word has a very wide connotation, and is open to distinctive, varied interpretations. It is subjective, and what may be innocuous for one person, may lead to a complaint from someone else and, consequently, an arrest under Section 66 A if the police prima facie accepts the latter person’s view.
But why should it be treated any different than libel, at the most?


And how did the controversy begin?


The first petition came up in the court following the arrest of two girls in Maharashtra by Thane Police in November 2012 over a Facebook post. The girls had made comments on the shutdown of Mumbai for the funeral of Shiv Sena chief Bal Thackeray. The arrests triggered outrage from all quarters over the manner in which the cyber law was used. And now the case reported above has come up.


A batch of petitions have alleged that the section tramples upon the Fundamental Right to freedom of speech and expression, and asked that it be declared unconstitutional.


That's why on Tuesday, the Supreme Court gave the government a week to clarify its stand on Section 66A. 

We demand, "QUASH 66 A of the IT Act that NOW". Thanks.

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