[bestbits] Fwd: [ISOC] [Internet Policy] Misuse of : section 66 A IT act of Indian government
Mishi Choudhary
mishi at softwarefreedom.org
Tue Mar 24 17:16:58 EDT 2015
This is truly a landmark judgment, very glad to have been one of the
lawyers assisting the court on these cases.
On 03/24/2015 11:06 AM, Carolina Rossini wrote:
>
> ---------- Forwarded message ----------
> From: *anubhuti yadav* <anubhutiy at gmail.com <mailto: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 <mailto:krznakumar at gmail.com>>
> Cc: "isoc-members-announce at elists.isoc.org
> <mailto:isoc-members-announce at elists.isoc.org>"
> <isoc-members-announce at elists.isoc.org
> <mailto:isoc-members-announce at elists.isoc.org>>, isocconnect at isoc.org
> <mailto:isocconnect at isoc.org>, "internetpolicy at elists.isoc.org
> <mailto:internetpolicy at elists.isoc.org>"
> <internetpolicy at elists.isoc.org
> <mailto:internetpolicy at elists.isoc.org>>, "<inforum at isoc.org
> <mailto:inforum at isoc.org>>" <inforum at isoc.org <mailto: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
> <mailto: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 <mailto:krznakumar at gmail.com>
> Mobile: +91 97905 23076
> Skype: rkrzna
>
> On Mon, Mar 23, 2015 at 3:10 PM, srajukanumuri
> <srajukanumuri at gmail.com <mailto: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/_
> + 1 6176979389 | skype: carolrossini | @carolinarossini
>
>
>
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--
Warm Regards
Mishi Choudhary, Esq.
Legal Director
Software Freedom Law Center
1995 Broadway Floor 17
New York, NY-10023
(tel) 212-461-1912
(fax) 212-580-0898
www.softwarefreedom.org
Executive Director
SFLC.IN
K-9, Second Floor
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New Delhi-110014
(tel) +91-11-43587126
(fax) +91-11-24323530
www.sflc.in
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