In 2015, Section 66A of India's IT Act was ruled unconstitutional.
What did this section previously prohibit?
In 2015, Section 66A of India's IT Act was ruled unconstitutional.
What did this section previously prohibit?
Section 66A of India's IT Act prohibited sending offensive messages through communication devices. This section was ruled unconstitutional in 2015 as it violated the right to freedom of speech and expression.
Section 66A and its Removal Became law in October 2009. Prohibited using computer or other communication device to send information that was grossly offensive, menacing, known to be false but for the purpose of annoying, insult, hatred, etc. Prohibited email with fake addresses. 3 years prison + fine. Supreme Court ruled section 66a to be entirely unconstitutional in 2015. Violated freedom of expression and speech. Freedom of expression cannot be suppressed unless the situations created by allowing the freedom are pressing and the community interest is endangered – and not a remote danger. Section 66A goes beyond defamation – something may be grossly offensive or annoying without being defamatory. Void for vagueness. Terms undefined. E.g. what is offensive to one person is not to another. Chilling effect on discussion of governmental, literary, scientific, etc.
No Person Should Be Prosecuted Under Section 66A IT Act : Supreme Court Issues Directions To Enforce Shreya Singhal Judgment The court struck down the provision as unconstitutional and a violation of free speech in 2015 in the Shreya Singhal Case. The section relating to restrictions on online speech was declared unconstitutional on grounds of violating the freedom of speech guaranteed under Article 19(1)(a) of the Constitution of India