Mar 24, 2015 the supreme court has quashed section 66a of the information technology act on tuesday, terming it vague and unconstitutional. The section 66a of the it act penalizes sending false and offensive messages through communication services. The supreme court struck down section 66a of the it act in. Section 66a and other legal zombies by abhinav sekhri, apar. Any person who sends, by means of a computer resource or a communication device, a any information that is grossly offensive or has menacing character. Union of india, the supreme court of india struck down section 66a of the information technology act. 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. Terming liberty of thought and expression as cardinal, a bench of justices j chelameswar and r f nariman said, the publics right to know is directly affected by section 66a.
Breaking down section 66a of the it act the centre for. The supreme court struck down section 66a of the it act in 2015, why are cops still using it to make arrests. The proposed amendments in the draft of the information technology intermediaries guidelines amendment rules 2018, rule 39 is bound to force social media platforms like whatsapp, facebook and twitter to remain vigil and keep users on their toes before posting or sharing anything that is deemed as unlawful information or content. An act further to amend the information technology act, 2000. India it act of 2000 information technology act termsfeed. Indias information technology act, 2000 or it act, is a subject of contention and controversy.
Sec 66a of information technology amendment act, 2008 is very much similar to united kingdom law, section 102 whereas in information technology act, 2000 in india has 3 yrs imprisonment and fine. Aug 06, 2015 section 66a of the information technology act repealed. 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. Jun 24, 2014 as per section 67 of it act 2000, he has to undergo for 2 years and to pay fine of rs. The information technology act, 2000 was amended in 2008. It is based on the uncitral model law on international commercial arbitration recommended by the general assembly of united nations. Before the honourable supreme court of india civil.
Section 66a of the information technology act archives. This section had been widely misused by police in various states. The supreme court has issued notice in an application filed by peoples union for civil liberties pucl, on the continued use of section 66a of the information technology act. The controversial section has long been decried by activists. 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. Section 66a of the information technology act free download as word doc. Section 66a of the information technology act freedom of speech. Any person who sends, by means of a computer resource or a communication device.
Mar 23, 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. A section 66 a of the information technology act 2000 act does not violate article 14 14 3. The sc said section 66a of the information technology act was violative of article 191a of the constitution guaranteeing freedom of speech and expression. The accused paid fine amount and he was lodged at central prison, chennai.
The types of information this covers are offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of causing. T he altered act which got the consent of the president on february 5, 2009, contains the scope of 66a. Section 66a of the information technology act the centre. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. Examination of section 66a of the information technology act. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. Section 66a of the information technology act repealed. Before the honourable supreme court of india civil appellate.
The act also penalizes various forms of cyber crime. The information technology act, 2000 did not contain any provisions regarding this heinous crime but the amended act in 2008 made it possible by recognising cyber stalking via section 66a. Section 66a of information technology act, 2000 is. 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. Introduced vide itaa 2008 any person who sends, by means of. Notification under itamendment act, 2008 it amendment act 20082.
Mar, 2020 the proposed amendments in the draft of the information technology intermediaries guidelines amendment rules 2018, rule 39 is bound to force social media platforms like whatsapp, facebook and twitter to remain vigil and keep users on their toes before posting or sharing anything that is deemed as unlawful information or content. Mar 24, 2015 the court, however, upheld the constitutionality of section 69a, which empowers the government to block websites in the interest of the security of the state. This undermines the freedom of speech, rule of law. The total arrests made under the it act stood at 5,102, meaning arrests under section 66a of information technology act, that was declared unconstitutional by the supreme court of india in 2015 accounted for nearly 61. Full text containing the act, information technology act, 2000, with all the sections, schedules, short title, enactment date, and footnotes. Download supreme court judgment in pdf as to scrapping of section 66a in the. Section 66a in the information technology act, 2000. More information on section 66a of information technology act, 2000. Sections 6, 7 and 8 not to confer right to insist document should be accepted. Even without section 66a there exist enough provisions under the indian penal code and the information technology act to prosecute many forms of. It also upheld section 79 of the act and the information technology intermediary guidelines rules, 2011 intermediary rules framed under section 79. Section 66 a it act information technology act supreme court strikes down sec 66a internet freedom 66a 66a of it act 66 a related government plans to rework it act to meet new challenges, ravi. Section 66c in the information technology act, 2000. 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.
Pdf section 66a of the information technology act uday. Section 66a of the act criminalises the sending of offensive messages through a computer or other communication devices. 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. Information technology act 2000 ministry of electronics.
Mar 24, 2015 in light of this, we present a background to section 66 a and the recent developments leading up to its challenge before the court. The unconstitutional section 66a of the information technology act 2000 continues to be used across india. Section 66a of information technology act upsc online ias. Section 66a of the information technology act may create a fresh set of problems. Section 66a of information technology act upsc online. Supreme court upholds freedom of speech on the internet. Section 66a, it act 2000,vogue sec, regulator, act2008. All you need to know about section 66a of the it act. The information technology it act, 2000 provides for legal recognition for transactions through electronic communication, also known as ecommerce. This is considered the first case convicted under section 67 of information technology act 2000 in india. Section 66a in the information technology act, 2000 72 66a punishment for sending offensive messages through communication service, etc. Punishment for sending offensive messages through communication service, etc. Section 66a of the amended indian information technology act, 2000 is all about. 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. While the objective behind the 2008 amendment was to prevent the misuse of information technology, particularly through social media, section 66a comes with extremely wide parameters, which allow whimsical interpretations by. Section 66a of the act criminalises the sending of offensive messages through a computer. With the striking down of section 66a of the information technology act, the court has proved that the constitution and the freedom of speech and expression that it provides to the citizens of this country are extremely important. Section 66a of the it act as it stood was so vague that law enforcement authorities could, and did. Information technology act, 2000 bare acts law library. Breaking down section 66a of the it act section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. Section 66a of the information technology act the centre for. 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 and other legal zombies by abhinav sekhri. It is the primary law in india dealing with cybercrime and electronic commerce. 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. Mar 30, 2016 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 chilling effect on the right to freedom of speech.
This act was substantially amended through the information technology amendment act 2008 in 2008. The supreme court on tuesday declared section 66a of information technology act as unconstitutional and struck it down. Section 66a of the information technology amendment act, 2008 prohibits the sending of offensive messages though a communication device i. 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. Even without section 66a there exist enough provisions under the indian penal code and the information technology act to prosecute many forms of online abuse and harassment. 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.
A background to section 66a of the it act, 2000 prsindia. Importance of section 66a in information technology act 2000. Any person who sends, by means of a computer resource or a communication device,any information that is grossly offensive or has menacing character. As per section 67 of it act 2000, he has to undergo for 2 years and to pay fine of rs.
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. The supreme court has been asked to strike down section 66a of the information technology act, 2000. 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. Pdf section 66a of information technology act visavis freedom. The court, however, upheld the constitutionality of section 69a, which empowers the government to block websites in the interest of the security of the state. Dec 11, 2012 this act was substantially amended through the information technology amendment act 2008 in 2008. In its petition, pucl had submitted that more than 22 people have been prosecuted under the provision, after it was scrapped by the apex court in 2015. However, the queens bench division of the high court has read down this provision in 2012, making the uk more tolerant of free speech online. 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. The information technology act, 2000 was corrected in 2008. In the information technology act, 2000, in section 66a.
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. On march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. Information technology act 2000 central public procurement. Section 66a of the information technology act repealed lexology. The law that could land you in jail for a whatsapp forward has gone. Information technology act 2000 year 2017 judgments. Though on paper its a recognised crime, half of the society is still unaware about it. Section 66a and other legal zombies global freedom of. Section 66a defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or a tablet. Department of electronics and information technology. 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. A few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. Information technology act, 2000 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. Two years ago, on 24 march 2015, online speech or communication got a boost as the supreme court declared a draconian provisionsection 66a of.
Information technology act 2000 ministry of electronics and. Obscenity in electronic form, morphing of images, defamation, text bullying, stalking, spamming. The amended act which received the assent of the president on february 5, 2009, contains section 66a. Pdf on jan 1, 2014, lisa lukose and others published section 66a of information technology act visavis freedom of speech and. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. Information technology act 2000 it act information technology act 2000 it act the reserve bank of india act, section 66a of the information technology act. This undermines the freedom of speech, rule of law, and institutional integrity of the supreme court. Ii section 66 a of the information technology act 2000 does not vest unguided and unfettered power on the executive 16. Punishment for violation of privacy leave a comment whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not. Download supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india dated. This law has been adopted from a similar provision in the united kingdoms communication act, 2003. A conviction can fetch a maximum of three years in jail and a fine. Section 66c in the information technology act, 2000 74 66c punishment for identity theft. What does the information technology act, 2000 provide for.
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