The internet democracy project made the submission below to the law commission in response to this call, focusing on one of the central areas of the consultation paper to touch on freedom of expression on the internet in india. Two years ago, on 24 march 2015, online speech or communication got a boost as the supreme court declared a draconian provision section 66a of the information technology act, 2000. More information on section 66a of information technology act, 2000. Section 66a and other legal zombies global freedom of.
A background to section 66a of the it act, 2000 prs. Section 66a of the it act defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or a tablet. Supreme court strikes down section 66a of it act which. The supreme court on tuesday struck down section 66a of it act which allowed arrests for posting offensive content on social media sites. Pdf on jan 1, 2014, lisa lukose and others published section 66a. Changes that have been made appear in the content and are referenced with annotations. Section 66a of the information technology act, 2000 is the offence which is constituted by sending information which is offensive, menacing in.
Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. Section 66a of the information technology act, 2000 is struck down in its entirety being violative of article 191a and not saved under article 192. The amendment to the said act in 2008, was brought forth to make it. Mar 24, 2015 after two months of gripping arguments, the supreme court today declared as unconstitutional, one of the most intensely debated statutory provisions of late section 66a of the information technology act, 2000. Mar 23, 2015 what the outcry over section 66a of the it act misses is the need for a mechanism to prevent arrests on flimsy interpretations of criminal law provisions. Section 66a of information technology act supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. Section 66a of the information technology act the centre section 66a of the information technology act note. The court said that section 66a of it act 2000 is arbitrarily, excessively and disproportionately invades the right of free speech provided under article 191 of the constitution of india. The date on which supreme court of india invalidated section 66a of it act 2000. Union of india is a judgement by a twojudge bench of the supreme court of india in 2015, on the issue of online speech and intermediary liability in india.
Section 66a of the information technology act repealed lexology. Nov 26, 2018 we find that an unconstitutional provision, section 66a of the information technology act 2000, continues to be used by police departments across india in prosecutions. New delhi, the 9th june, 2000jyaistha 19, 1922 saka the following act of parliament received the assent of the president on the 9th june, 2000, and is hereby published for general information. More information on section 67a of information technology act, 2000. Section 66a of the information technology act the centre for. Indias information technology act the it act, enacted in 2000, covers several aspects of online and new media technologies in the country, including the security of electronic records and digital signature certificates. The section reads as under any person who sends, by means of a computer resource or a communication device, aany information that is grossly offensive or has menacing character. Section 66a of the amended indian information technology act, 2000 is all about. Pdf section 66a of information technology act visavis freedom.
Further, it ruled that sections 69a and 79 of the it act, 2000 and the information technology rules, 2009 constitutionally valid2. The information technology act and intermediary liability. Now anyone can voice themselves on the internet without fear of criminal proceedings against them. Breaking down section 66a of the it act the centre for. Two years ago, on 24 march 2015, online speech or communication got a boost as the supreme court declared a draconian provisionsection 66a of the information technology act, 2000. The oshiwara police on wednesday registered an fir against one ajay hatewar for tweeting defamatory statements against chief minister devendra fadnavis and posting a picture of the cm enjoying a vacation with his family in 20112012.
The amended act which received the assent of the president on february 5, 2009, contains. If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. The act was amended in 2009 to insert a new section, section 66a which was said to address cases of cyber crime with the advent of technology and the internet. Union of india, the supreme court of india struck down section 66a of the information technology act, 2000 on the grounds that the section has a.
Before the honourable supreme court of india civil appellate. To establish the constitutional validity of 66a of it act with shreya shinghal case. But the court turned down a plea to strike down sections 69a and 79 of the act, which deal with the procedure and safeguards for blocking certain websites. Pdf an analysis of validity of section 66a of it act, 2000. Pdf non bailable offences cyber crimes under the it act. Financial services and markets act 2000, section 118 is up to date with all changes known to be in force on or before 10 april 2020. It act judgements, cyber law judgements, cyber case laws. Importance of section 66a in information technology act 2000 dr. Sections 66a, 67 of it act and section 509 of the indian penal code. Pdf an analysis of validity of section 66a of it act. Section 66a of the it act as it stood was so vague that law enforcement authorities could, and did. Ch magazine section 66a sending offensive or false.
Two years ago, on 24 march 2015, online speech or communication got a boost as the supreme court declared a draconian provisionsection 66a of the information technology act, 2000 unconstitutional. Financial services and markets act 2000, section 66a is up to date with all changes known to be in force on or before 31 january 2020. Financial services and markets act 2000, section 66a is up to date with all changes known to be in force on or before 20 april 2020. This act was substantially amended through the information technology amendment act 2008. Section 66a of the information technology act, 2000 in its current form is arbitrary and does not adhere to the standards laid down by article 192 and the.
Finally, the court also upheld the secret blocking process under section 69a of the act, by which the government can choose to take down content from the internet, holding that it did not suffer from the infirmities in section 66a or section 79, and is a narrowly drawn provision with adequate safeguards. Section 66a of the it act defines the punishment for sending. The judgment of the supreme court, in pdf format pdf 448 kb. Selvakumar professor, school of social science, vit university, vellore632014, india abstract. Section 66a of the amended indian information technology act, 2000 it. Before the honourable supreme court of india civil.
Section 66a of the act criminalises the sending of offensive messages through a computer or other communication devices. Save as pdf yesterday, the supreme court of india issued notice to the centre for the continued use of section 66a of the it act, 2000, despite the provision being struck down as unconstitutional by the court in its landmark judgment shreya singhal v. Section 66a defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or a tablet. Mar 24, 2015 on march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. As it is amended, it contains some of the most stringent privacy requirements in the world and has the unfortunate impact of holding intermediaries liable for illegal content. All you need to know about section 66a of the it act. Mar 24, 2015 section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to the arrests of many. What is the penalty for publishing images of a persons private parts without consent.
A conviction can fetch a maximum of three years in jail and a fine. Download supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india dated. What the outcry over section 66a of the it act misses is the need for a mechanism to prevent arrests on flimsy interpretations of criminal law provisions. Section 66a and other legal zombies by abhinav sekhri. It was group of petitions, but the first was filed by then law student shreya. There are changes that may be brought into force at a future date. A few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. Supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india 2015 summary. Section 66 in the information technology act, 2000 71 66 computer related offences.
What is the maximum penalty for damage to computer, computer systems, unauthorized access. The court further held that the section was not saved by virtue of being a reasonable restriction on the freedom of speech under article 192. Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and. Supreme court judgment on section 66a of information. India it act of 2000 information technology act termsfeed. Jun 03, 2015 the question of debate was section 66a of the it act, 2000 which was struck down by the supreme court in shreya singhal v. Section 66a in the information technology act, 2000 72 66a punishment for sending offensive messages through communication service, etc. This was in response to a pil that challenged the constitutionality of this provision. This article looks in to what are such sections and which bailable sections can be made non bailable with application of sections from other. Importance of section 66a in information technology act 2000. Section 66a of the information technology act the centre. Which section of it act was invalidated by supreme court of india.
Section 66a of the information technology act repealed. The amended act which received the assent of the president on february 5, 2009, contains section 66a. This undermines the freedom of speech, rule of law, and institutional integrity of the supreme court. India struck down section 66a of the information technology act, 2000. Jan 08, 2019 section 66a had been dubbed as draconian for it allowed the arrest of several innocent persons, igniting a public outcry for its scrapping.
Such is the reach of the section and if it is to withstand the test of constitutionality, the chilling effect on free speech would be total, justices j. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. The information technology act, 2000 also known as ita2000, or the it act is an act of the indian parliament no 21 of 2000 notified on 17 october 2000. Supreme court rejects pil alleging presence of repealed section. The information technology act came into force in 2000, but section 66a was added as an amendment in 2008, which was notified in february 2009. Sections 66a of the it act, 2000, hereinafter called as section 66a and section 118d of the kerala police act unconstitutional as being violative of article 191a and not saved by article 192. Section 66a and other legal zombies by abhinav sekhri, apar. The question of debate was section 66a of the it act, 2000 which was struck down by the supreme court in shreya singhal v. Solved examples with detailed answer description, explanation are given and it would be easy to understand. Section 66a of information technology act upsc online.
Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. We find that an unconstitutional provision, section 66a of the information technology act 2000, continues to be used by police departments across india in prosecutions. Section 66a of information technology act, 2000 is. Aug 06, 2015 section 66a of the information technology act repealed. Bengaluru, karnatakapolice departments across the country continue to arrest and detain citizens under the draconian provisions of section 66a of the information technology act 2000 despite the section being struck down by the supreme court in 2015, an analysis of news reports and data gathered by researchers shows. In this post pranesh prakash explores why that section is unconstitutional, how it came to be, the state of the law elsewhere, and how we can move forward.
Section 66a in the information technology act, 2000. Honble supreme court said that section 66a of the information technology act, 2000 is struck down in its entirety being violative of. Punishment for sending offensive messages through communication service, etc. Aug 29, 20 the list of annotations endnote gives historical information at section level. Supreme court upholds freedom of speech on the internet. The immediate cause for concern in these petitions is section 66a of the information technology act. The section 66a of the it act penalized sending false and offensive messages through communication services. Punishment for sending offensive messages through communication service. After two months of gripping arguments, the supreme court today declared as unconstitutional, one of the most intensely debated statutory provisions of late section 66a of the information technology act, 2000. T he altered act which got the consent of the president on february 5, 2009, contains the scope of 66a. Supreme court struck down section 66a of the information technology act, 20 is the details of it. Section 66a of the it act is a relevant section which penalizes sending false and offensive messages through communication services.
Financial services and markets act 2000, section 66 is up to date with all changes known to be in force on or before 24 january 2020. Section 66c in the information technology act, 2000 74 66c punishment for identity theft. Online hate community online hate community is created inciting a religious group to act or pass objectionable remarks against a country, national figures etc. The provision of information technology act 2000 section 66a is. Any person who sends, by means of a computer resource or a communication device. Now no arrests for admin whatsapp admin not at risk no arrests under sec 66a for soc. This had led to the supreme court striking it down as unconstitutional in march, 2015 in shreya singhal v. June 2000, so that it could act as a guardian against any offence or contravention committed using electronic media. It is the primary law in india dealing with cybercrime and electronic commerce. Union of india writ petition criminal no 167 of 2012. If you want to get information technology law pdf ebook copy write by. The court also said that the provision, introduced in 2009 to the original act of 2000, used expressions completely openended and undefined and every expression used was nebulous in meaning.
The supreme court struck down section 66a of the information technology act, 2000, relating to restrictions on online speech, as unconstitutional on grounds of violating the freedom of speech guaranteed under article 191. Financial services and markets act 2000 legislation. The supreme court struck down section 66a of the it act in. This act was substantially amended through the information technology amendment act 2008 in 2008. The law that could land you in jail for a whatsapp forward has gone. Man booked under it act for defaming cm devendra fadnavis in tweet. A background to section 66a of the it act, 2000 prsindia. Section 66c in the information technology act, 2000. Pdf non bailable offences cyber crimes under the it. Indias information technology act, 2000 or it act, is a subject of contention and controversy. Section 66a of the information technology act may create a fresh set of problems. This section was not in the act as originally enacted, but. Section 66a of the amended it act extends criminal liability beyond receipt of stolen computer resources, identity theft, cheating by impersonation, violation of privacy, cyberterrorism, obscenity, and child pornography to cover the sending of offensive messages through a communications service.
The information technology act, 2000 was amended in 2008. The supreme court struck down section 66a of the information technology act, 2000, relating to restrictions on online speech, as unconstitutional on grounds of violating the freedom of speech guaranteed under article 191a of the constitution of india. The supreme court struck down section 66a of the it act in 2015, why are cops still using it to make arrests. The section 66a of the it act penalizes sending false and offensive messages through communication services. On march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. The information technology act, 2000 was corrected in 2008.
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