SC quashes Section 66A (IT Act); no more arrests for objectionable posts on social media

saket77 · 24th March 2015, 17:27

The Hon' Supreme Court of India has declared the Sec. 66A of the IT Act to be unconstitutional and has struck it down. This means that now the police cannot file an FIR & arrest posters of objectionable posts about social and political issues and political leaders in the social media.

The court, in its verdict observed that such a law hits at the root of liberty and freedom of expression, two cardinal pillars of democracy.

On the other hand, the Government had opposed the plea for quashing the provision saying it was meant to deter people from uploading grossly offensive material which can lead to lawlessness by inciting public anger and violence.

Source: http://timesofindia.indiatimes.com/i...w/46672244.cms

So, in my opinion, the Hon' Court has shown confidence in the people of the country and we as responsible citizens should post relevant and constructive posts while criticizing the system or the public figures.

What's the take of the BHPians on it?

Chetan_Rao · 24th March 2015, 17:40

Good move! Democracy has to be inclusive without exceptions. That some people will use freedom of expression to offend others is no excuse to have laws throttling everyone, and also leads to complications based on whose definition of 'offensive' is considered valid.

The way to handle dissent in a democracy is to engage, not shut down the uncomfortable bits.

gsurya · 24th March 2015, 17:56

A silly grandstanding judgment by Supreme Court, in my opinion:

Even without 66A, many have been arrested for online posts
66A also protected those that were abused/threatened/slandered online - where do they go now?
Without 66A, police will simply resort to more draconian IPC laws used earlier

Supreme court is unfortunately not pushing real reform in judiciary & police like focusing on huge backlog in cases, increasing throughput, increasing working hours, faster judgments. For the common man, getting stuck in judicial quagmire is the worst nightmare ever.

Such media hyped cases help SC & media give online people false security that we have a wonderfully reactive & functioning judiciary.

Lalvaz · 24th March 2015, 18:42

The Indian IT Act 2000 and its amendment in 2008 were extremely vague, and obviously not well thought through. Section 66A is just one instance, and we have seen evidence of blatant misuse of this section in numerous cases, especially the arrest of 2 teenage girls who posted comments on facebook against a bandh.

I think the present government should take this Supreme Court verdict in the right spirit and do a review of the Indian IT act at the earliest.

24th March 2015, 17:27	#1
saket77 Distinguished - BHPian Join Date: Dec 2012 Location: India Posts: 4,693 Thanked: 13,928 Times	SC quashes Section 66A (IT Act); no more arrests for objectionable posts on social media The Hon' Supreme Court of India has declared the Sec. 66A of the IT Act to be unconstitutional and has struck it down. This means that now the police cannot file an FIR & arrest posters of objectionable posts about social and political issues and political leaders in the social media. The court, in its verdict observed that such a law hits at the root of liberty and freedom of expression, two cardinal pillars of democracy. On the other hand, the Government had opposed the plea for quashing the provision saying it was meant to deter people from uploading grossly offensive material which can lead to lawlessness by inciting public anger and violence. Source: http://timesofindia.indiatimes.com/i...w/46672244.cms So, in my opinion, the Hon' Court has shown confidence in the people of the country and we as responsible citizens should post relevant and constructive posts while criticizing the system or the public figures. What's the take of the BHPians on it?
	() Thanks

24th March 2015, 17:40	#2
Chetan_Rao Team-BHP Support Join Date: Jul 2010 Location: Bangalore Posts: 6,439 Thanked: 26,916 Times	Re: SC quashes Section 66A (IT Act); no more arrests for objectionable posts in social med Good move! Democracy has to be inclusive without exceptions. That some people will use freedom of expression to offend others is no excuse to have laws throttling everyone, and also leads to complications based on whose definition of 'offensive' is considered valid. The way to handle dissent in a democracy is to engage, not shut down the uncomfortable bits.
	() Thanks

24th March 2015, 17:56	#3
gsurya BHPian Join Date: Feb 2008 Location: Mumbai Posts: 781 Thanked: 694 Times	Re: SC quashes Section 66A (IT Act); no more arrests for objectionable posts in social med A silly grandstanding judgment by Supreme Court, in my opinion: Even without 66A, many have been arrested for online posts 66A also protected those that were abused/threatened/slandered online - where do they go now? Without 66A, police will simply resort to more draconian IPC laws used earlier Supreme court is unfortunately not pushing real reform in judiciary & police like focusing on huge backlog in cases, increasing throughput, increasing working hours, faster judgments. For the common man, getting stuck in judicial quagmire is the worst nightmare ever. Such media hyped cases help SC & media give online people false security that we have a wonderfully reactive & functioning judiciary.
	() Thanks

24th March 2015, 18:42	#4
Lalvaz Senior - BHPian Join Date: Jul 2006 Location: Bombay Posts: 1,436 Thanked: 2,343 Times	Re: SC quashes Section 66A (IT Act); no more arrests for objectionable posts in social med The Indian IT Act 2000 and its amendment in 2008 were extremely vague, and obviously not well thought through. Section 66A is just one instance, and we have seen evidence of blatant misuse of this section in numerous cases, especially the arrest of 2 teenage girls who posted comments on facebook against a bandh. I think the present government should take this Supreme Court verdict in the right spirit and do a review of the Indian IT act at the earliest.
	() Thanks