All about Section 66A of the Information Technology Act and Freedom of

Speech and Expression

The Supreme Court justices J Chelameswar and Rohinton Fali Nariman on 24th March,
2015

struck down the Section 66A of the Information

Technology Act, saying it unconstitutional in its entirety, the section that had led to the arrests of many
people for posting content deemed to be allegedly objectionable on the Internet.

The Present Case:

2012: The first PIL on the issue was filed in 2012 by law student Shreya Singhal, who sought
amendment in Section 66A of the Act, after two girls Shaheen Dhada and Rinu Shrinivasan were
arrested in Palghar in Thane district as one of them posted a comment against the shutdown in Mumbai
following Shiv Sena leader Bal Thackeray's death and the other 'liked' it.

2013: The Supreme Court had on 16 May, 2013, came 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 like IG or DCP.

February 26, 2015: Supreme Court reserves the Judgement.

March 24, 2015: The Supreme Court quashed Section 66A of the Information and Technology Act.

What is Section 66A of the IT Act?

Any person who sends, by means of a computer resource or a communication device

Any information that is grossly offensive or has menacing character; or

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

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, shall be punishable with imprisonment for a term which may extend to three years
and with fine."

The Supreme Courts Observations:

The Section 66A in creating an offence against persons who use the internet and annoy or
cause inconvenience to others very clearly affects the freedom of speech and expression of the
citizenry of India.

If Section 66A is otherwise invalid, it cannot be saved by an assurance from the present
Government that it will be administered in a reasonable manner. Governments may come and
Governments may go but Section 66A goes on forever. An assurance from the present
Government even if carried out faithfully would not bind any successor Government.

The Section 66A purports to authorize the imposition of restrictions on the fundamental right
contained in Article 19(1)(a).

What is the Information Technology Act 2000?

The Information Technology Act, 2000 Act was passed by the Parliament of India in May 2000 to

promote the IT industry, regulate e-commerce, facilitate e-governance and prevent cybercrime.

The Information Technology Amendment Act 2008:

The Information Technology Amendment Act 2008, a substantial addition to IT Act 2000 was passed by
the Indian Parliament in October 2008. Changes in the Amendment include: redefining terms such as
"communication device" to reflect current use; validating electronic signatures and contracts; making the
owner of a given IP address responsible for content accessed or distributed through it; and making
corporations responsible for implementing effective data security practices and liable for breaches.

What is Article 19(1)(a)?

Article 19(1)(a) is part of the six fundamental rights guaranteed to Indian citizens in PART III of the
Indian Constitution enshrined in Articles 12-35.

The Six Fundamental Rights are as follows:

1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and educational rights
6. Right to constitutional remedies

Article 19 of the Indian Constitution:

(1) All citizens shall have the right(a) to freedom of speech and expression;
(b) To assemble peaceably and without arms;
(c) To form associations or unions;

(d) To move freely throughout the territory of India;

(e) To reside and settle in any part of the territory of India; and
(f) Right to Property omitted by the 44th Constitutional Amendment Act 1978
(g) To practice any profession, or to carry on any occupation, trade or business