Section 66a in the information technology act, 2000 72 66a punishment for sending offensive messages through communication service, etc. In the information technology act, 2000, in section 66a. A batch of petitions have alleged that the section tramples upon the fundamental right to freedom of speech and expression, and asked that it. Section 66a of information technology act upsc online.
Aug 06, 2015 in a landmark judgment upholding freedom of expression, the supreme court has struck down section 66a of the amended indian information technology act, 2000 it act, a provision in the. Supreme court upholds freedom of speech on the internet. Mar 24, 2015 the controversial section 66a of the informational technology act was quashed by the supreme court on tuesday, terming it vague. Dec 11, 2012 this act was substantially amended through the information technology amendment act 2008 in 2008. List of nodal officers from states union territories under the provisions of information technology procedure and safeguards for blocking for access of information by public rules, 2009 104. It is the primary law in india dealing with cybercrime and electronic commerce. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. An important event that happened during the duration of this report january june 2015, was the repeal of section 66a of the indian information technology it act, after it was deemed unconstitutional by the supreme court in march 2015. All you need to know about section 66a of the it act the hindu. Mar 23, 2015 all you need to know about section 66a of the it act internet desk march 23, 2015 11. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc.
Mar 24, 2015 the supreme court has quashed section 66a of the information technology act on tuesday, terming it vague and unconstitutional. What section 66 of indias information technology act. Section 66a the old wonk technology enabled governance. The information technology it act, 2000 provides for legal recognition for transactions through electronic communication, also known as ecommerce. Mar 27, 2015 section 66a of it act information technology act 2008 declared invalid by supreme court of india. Sections 6, 7 and 8 not to confer right to insist document should be accepted in. Supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india 2015 summary. 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. This act was substantially amended through the information technology amendment act 2008 in 2008. The provision of section 66a of information technology act 2000 is not. The supreme court on tuesday quashed section 66a of the information technology act, which provides the government power to arrest a person for posting allegedly offensive content on websites. The supreme court struck down section 66a of the it act in. Pdf section 66 a of the information technology act 2000 inserted.
The law that could land you in jail for a whatsapp forward has gone. Section 66a of the amended indian information technology act, 2000 is all about. Section 66a of information technology act, 2000 is. This section had been widely misused by police in various states. The amended act which received the assent of the president on february 5, 2009, contains section 66a. All you need to know about section 66a of the it act internet desk march 23, 2015 11. Any person who sends, by means of a computer resource or a. Section 66a of the information technology act repealed. This law has been adopted from a similar provision in the united kingdoms communication act, 2003. Section 66a of the information and technology it act was challenged in the top court by law students, bloggers, writers and rights groups following arrests across the country for statements. Section 66 a of the act criminalises the sending of offensive messages through a computer or other communication devices. Life after section 66a of the information technology act.
Mar 30, 2016 supreme court upholds freedom of speech on the internet. 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. Supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. 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 of india recently gave a judgement in which it declared section 66a of it act as unconstitutional and invalid. It introduced section 66a which penalized sending offensive messages. Could section 66 a of the information technology act researchgate. The supreme court stand in the judgment, the court said the liberty of thought and expression was a cardinal value of paramount. The information technology act, 2000 was amended in 2008. 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.
The immediate cause for concern in these petitions is section 66a of the information technology act. Section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled. Sc in its ruling held that section 66a interferes with freedom of speech and expression envisaged under article 19 of constitution of india and also hit the root of two. 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. If you want to get information technology law pdf ebook copy write by good author we intend to. On march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. What section 66 of indias information technology act actually said. In light of this, we present a background to section 66 a and the recent developments leading up to its challenge before the court. This had led to the supreme court striking it down as unconstitutional in march, 2015 in shreya singhal v. 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. 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.
The immediate cause for concern in these petitions is section 66a of the information technology act of. Any person who sends, by means of a computer resource or a communication device. Section 66a and other legal zombies global freedom of. This is despite the section being read down in march 2015 revealing there were more arrests when the act was not in force, than when it was. In a landmark judgment upholding freedom of expression, the supreme court has struck down section 66a of the amended indian information technology act, 2000 it act, a provision in the. The controversial section has long been decried by activists. Supreme court of india recently gave a judgement in which it declared section 66a of it act as unconstitutional and invalid section 66a of it act dealt generally with punishments for sending offensive messages over internet includes posting on social media like facebook, twitter. Information technology amendment act, 2009 is required information technology amendment act, 2008 act 2008 has recently amended the only cyber law of india, i. Section 66a of it act the supreme court, in shreya singhal versus union of india, has quashed section 66a of the information technology act, 2000 it act, terming it vague and unconstitutional. Information technology amendment act 2008 bare act pdf. All you need to know about section 66a of the it act.
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 people for posting content deemed to be allegedly objectionable on the internet. 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. Information technology information security practices and procedures for protected system rules, 2018 372. For user information document title is the gazette of india part ii dated february 5,2009. The supreme court struck down section 66a of the it act in 2015, why are cops still using it to make arrests. Punishment for sending offensive messages through communication. The section 66a of the it act penalizes sending false and offensive messages through communication services. Mar 24, 2015 what section 66 of indias information technology act actually said. But what exactly was in section 66a of the information technology act that made it.
Breaking down section 66a of the it act the centre for. Notifications ministry of electronics and information. Year 2015 was a landmark year in the evolution of cyber law in india. The supreme court has been asked to strike down section 66a of the information technology act, 2000. The supreme court on tuesday declared section 66a of information technology act as unconstitutional and struck it down. 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. Pdf section 66a of the information technology act uday. Over 37 arrests made in 2015 under unconstitutional. This was in response to a pil that challenged the constitutionality of this provision.
In fact, there were 3,7 arrests under section 66a in 2015 alone compared to 2,423 in 2014. Section 66a of information technology act struck down by. 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. Mar 25, 2015 while it may have been a major relief that the supreme court of india struck down the draconian section 66a of the information technology act it act, this, however, should not be seen as a. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. 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. 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. In their order, the court said, section 66a is violative of article 191a, not saved by article 192, hence unconstitutional.
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. Section 66a of the information technology act the centre. It amendment act 20082349 kb this pdf file is non accessible through use of assistive technologies i. Section 66a in the information technology act, 2000. Section 66a of the act criminalises the sending of offensive messages through a computer or other communication devices. 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.
Pdf section 66a of information technology act visavis freedom. On march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as. The supreme court struck down section 66a of the information technology act, 2000, relating to restrictions on online speech. The act also penalizes various forms of cyber crime. 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 information technology act, 2000 is an act of the indian parliament no 21 of 2000. The supreme court sc on 24 march 2015 struck down the section 66a of the information and technology act 2000 calling it unconstitutional and untenable. The judgment of the supreme court, in pdf format pdf 448 kb, can be downloaded here. A background to section 66a of the it act, 2000 prsindia. Supreme court strikes down section 66a of it act which.
Section 66a of it actinformation technology act 2008 declared invalid by supreme court of india. 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. 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. Govt feb 5, 2015 posting pictures and comments on social networking sites which hurt religious sentiments cannot be tolerated and people must be prosecuted under section 66a of the information technology act, the centre told the supreme court on wednesday. The supreme court is examining the constitutional validity of section 66a of the amended indian information technology act, 2000. The supreme court has quashed section 66a of the information technology act on tuesday, terming it vague and unconstitutional.
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. Punishment for sending offensive messages through communication service, etc. Section 66a of information technology act visavis freedom of. Section 66a of information technology act upsc online ias. Section 66a of it act visavis freedom of speech and expression. 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. The controversial section has long been decried by. On 24 march 2015, the supreme court of india, gave the verdict that section 66a is unconstitutional. Section 66a had been dubbed as draconian for it allowed the arrest of several innocent persons, igniting a public outcry for its scrapping. Information technology act 2000 year 2017 judgments. In light of this, we present a background to section 66 a and the recent developments leading up. Section 66a of the information technology act repealed lexology. It also upheld section 79 of the act and the information technology intermediary guidelines rules, 2011 intermediary rules framed under section 79.
What does the information technology act, 2000 provide for. Section 66a of the information technology act is unconstitutional in its entirety, the supreme court. 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. Pdf on jan 1, 2014, lisa lukose and others published section 66a of.
Section 66a of the information technology act note. Supreme court judgment on section 66a of information technology. While it may have been a major relief that the supreme court of india struck down the draconian section 66a of the information technology act it act, this, however, should not be seen as a. Section 66a of it act scraped by supreme court go sarkari. 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. Information technology act ministry of electronics and. Section 66a has been struck down by supreme courts order dated 24th march, 2015 in.
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