The Supreme Court has held that Section 66A of the Information Technology Act,2000, that lays down the punishment for publishing "grossly offensive" matter online is unconstitutional and untenable.
Section 66A provides that any person who posts any content online that is grossly offensive or has menacing character to another person ; or posts something that he knows to be false for the purpose of annoying or insulting or causing inconvenience to anyone or sends through electronic mail or message any offensive or annoying content shall be punishable with a term of three years and with fine.
The Court observed that the term grossly offensive is a vague term and what may be offensive to one may not be offensive to another. Examples for the same were that a pro life person will find a mail supporting abortion as offensive and a believer of creationist theory will find an article on evolution as false.
The said Section was being misused by various ruling parties by punishing any dissenting individual who criticized them. Two girls in Thane were arrested for posting on the death of Bal Thakeray and recently a class XII student was arrested for posting against SP minister in UP.
The judgement is being hailed as a victory of free speech on Internet.
Section 66A provides that any person who posts any content online that is grossly offensive or has menacing character to another person ; or posts something that he knows to be false for the purpose of annoying or insulting or causing inconvenience to anyone or sends through electronic mail or message any offensive or annoying content shall be punishable with a term of three years and with fine.
The Court observed that the term grossly offensive is a vague term and what may be offensive to one may not be offensive to another. Examples for the same were that a pro life person will find a mail supporting abortion as offensive and a believer of creationist theory will find an article on evolution as false.
The said Section was being misused by various ruling parties by punishing any dissenting individual who criticized them. Two girls in Thane were arrested for posting on the death of Bal Thakeray and recently a class XII student was arrested for posting against SP minister in UP.
The judgement is being hailed as a victory of free speech on Internet.
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