[bestbits] Fwd: [ISOC] [Internet Policy] Misuse of : section 66 A IT act of Indian government

Tue Mar 24 11:06:29 EDT 2015

---------- Forwarded message ----------
From: anubhuti yadav <anubhutiy at gmail.com>
Date: Tue, Mar 24, 2015 at 2:49 AM
Subject: Re: [ISOC] [Internet Policy] Misuse of : section 66 A IT act of
Indian government
To: Krishna Kumar <krznakumar at gmail.com>
Cc: "isoc-members-announce at elists.isoc.org" <
isoc-members-announce at elists.isoc.org>, isocconnect at isoc.org, "
internetpolicy at elists.isoc.org" <internetpolicy at elists.isoc.org>, "<
inforum at isoc.org>" <inforum at isoc.org>

In a landmark judgment, Supreme Court has struck down Section 66A  of the
IT Act. In their order, the court said, Section 66A is violative of Article
19(1)(a), not saved by Article 19(2), hence unconstitutional.

The division bench said  public's right to know is directly affected by
Section 66A of Information Technology Act.  The apex court also
said Section 66A of IT Act clearly affects Right to Freedom of Speech
<http://www.dnaindia.com/topic/freedom-of-speech> and Expression enshrined
under Constitution.

SC, however, refused to strike down two other provisions of the IT Act that
provide blocking of sites.

Thr Court said there is a difference between discussion, advocacy and
incitement.Discussion & advocacy, no matter how annoying, is allowed said
the division bench in it's judgment. Court while delivering the verdict
said liberty and liberty of thought is of paramount importance in a country
like India

*11:37 ISTTuesday, 24 March 2015*

Former Information and Broadcasting Minister Manish Tiwary has welcomed the
judgment. He said that the law was misused too often and hence it needed to
go.

*11:26 ISTTuesday, 24 March 2015*

 Rinu Srinivasan, one of the girls who was arrested under the section for a
Facebook post on Bal Thackeray welcome the decision of Supreme Court. She
said, "If this law is repealed it may encourage people to speak up and
against all the wrong in the world".  "I am very happy. I feel like we have
received justice after two years," she said.

......................................................

A bench of justices J Chelameswar and R F Nariman had on February 26
reserved its judgement after Government concluded its arguments contending
that section 66A of the Information Technology Act cannot be "quashed"
merely because of the possibility of its "abuse".

Additional Solicitor General Tushar Mehta had said that the Government did
not want to curtail the freedom of speech and expression at all which is
enshrined in the Constitution, but the vast cyber world could not be
allowed to remain unregulated.

However, the court had said that terms like 'illegal', 'grossly offensive'
and 'menacing character' were vague expressions and these words were likely
to be misunderstood and abused. Some of the petitions seek setting aside of
section 66A of the Information Technology Act which empowers police to
arrest a person for allegedly posting offensive materials on social
networking sites.

The first PIL on the issue was filed in 2012 by a law student Shreya
Singhal, who sought amendment in Section 66A of the Act, after two girls --
Shaheen Dhada and Rinu Shrinivasan -- were arrested in Palghar in Thane
district as one of them posted a comment against the shutdown in Mumbai
following Shiv Sena leader Bal Thackeray's death and the other 'liked' it.

The apex court had on May 16, 2013, come out with an advisory that a
person, accused of posting objectionable comments on social networking
sites, cannot be arrested without police getting permission from senior
officers like IG or DCP.

The direction had come in the wake of numerous complaints of harassment and
arrests, sparking public outrage. It had, however, refused to pass an
interim order for a blanket ban on the arrest of such persons across the
country.

source:
http://www.dnaindia.com/india/report-live-supreme-court-strikes-down-section-66a-of-it-act-2071523

On Tue, Mar 24, 2015 at 11:34 AM, Krishna Kumar <krznakumar at gmail.com>
wrote:

> Hello,
>
> This news should offer some hope! :)
>
> Striking down any attempt at curbing the freedom of expression on the
> internet, the Supreme Court today ruled that Section 66A of the IT Act is
> "unconstitutional".
>
> http://www.thenewsminute.com/news_sections/3358
>
>
>
> Best Regards,
>
> Krishna Kumar
> Secretary - Internet Society India Chennai
> Mail: krznakumar at gmail.com
> Mobile: +91 97905 23076
> Skype: rkrzna
>
> On Mon, Mar 23, 2015 at 3:10 PM, srajukanumuri <srajukanumuri at gmail.com>
> wrote:
>
>> Dear Members ,
>>
>>    One option we can have as all ISOC global chapters members or ISOC ,
>> internet policy board can have common letter addressed to Indian PM, HMO
>> and supreme court Judges who are dealing this case. International human
>> rights can also
>> address this issue.  THE TSHWANE PRINCIPLES : GLOBAL PRINCIPLES ON
>> NATIONAL SECURITY AND THE RIGHT TO INFORMATION addressed this issue. During
>> IGF and Netmundial we must address this issue as serious matter for all open
>> internet citizens of world. Under ISOC , Internet policy or IGF if we
>> create a global team or List serve to help citizens of world
>> who are facing problems with lousy laws.
>>
>> Kanumuri s raju
>>
>>
>>
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-- 
*Dr. Anubhuti Yadav*
*Associate Professor, New Media*
*Indian Institute of Mass Communication*
*Aruna Asaf Ali Marg*
*New Delhi*
*Ph. no 9868942789*

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-- 
-- 
*Carolina Rossini *
*Vice President, International Policy*
*Public Knowledge*
*http://www.publicknowledge.org/ <http://www.publicknowledge.org/>*
+ 1 6176979389 | skype: carolrossini | @carolinarossini
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