SSB Lecturette Series: FREEDOM OF SPEECH/ SEC 66A OF IT ACT

Critical Analysis of Section 66A of IT Act / Freedom of speech

Freedom of Speech- when mentioned anywhere, imparts a thrill in our guts. The rebel, sleeping in our subconscious awakens immediately and advocates for absolute freedom of speech. In this era of Social Media , expressing your views openly takes no time. But what is its impact on the masses is a matter of great concern. This ideology explains the need of some law on the freedom of expression. Section 66A of IT Act is one of the laws formed in 2000 and later amended in 2008.

What is Section 66A of the IT Act?

Section 66A defines the punishment for sending “offensive” messages through a computer or any other communication device like a mobile phone or a tablet. A conviction can fetch a maximum of three years in jail and a fine.

What is the problem with that?

The vagueness about what is “offensive”. The word has a very wide meaning and can lead to varied interpretations. It is obvious that what may be offensive to one may seem simply a joke to other. We have seen such cases as AIB Roast which may seem offensive to a section and some enjoyed it a lot.

How did the controversy begin?

The first petition came up in the court following the arrest of two girls in Maharashtra by Thane Police in November 2012 over a Facebook post. The girls had made comments on the shutdown of Mumbai for the funeral of Shiv Sena chief Bal Thackeray. The arrests triggered outrage from all quarters over the manner in which the cyber law was used.

Most cases of arrest were reported in 2012.

1)       Jadavpur University professor Ambikesh Mahapatra was arrested for forwarding caricatures on Trinamool Congress chief Mamata Banerjee on Facebook.

2)      Activist Aseem Trivedi was arrested for drawing cartoons lampooning Parliament and the Constitution to depict their ineffectiveness.

3)      Air India employee Mayank Sharma and K V Rao from Mumbai were arrested for allegedly posting offensive comments against politicians on their Facebook group.

4)      Businessman Ravi Srinivasan was booked by Puducherry police for an allegedly offensive tweet against the son of a former cabinet minister.

First Petitioners - a law student Shreya Singal and other NGOs - had petitioned seeking quashing of Section 66 A of IT act. These petitions were filed after two girls at Palghar in Maharashtra were arrested.

The Judgement:

Section 66A of the Information Technology Act is unconstitutional in its entirety, the Supreme Court ruled on 24 March 2015 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 court pointed out that “Ordinary people should be able to understand what conduct is prohibited and what is permitted. Also, those who administer the law must know what offence has been committed so that arbitrary and discriminatory enforcement of the law does not take place.”

CONCLUSION:

1)      The apex court took down the law and asked for a new and effective law that is well defined.

2)      It is quite evident from the past that only common people were arrested under the prohibition of 66A. No politician or influential personalities were under the radar of this law despite many hate speeches and objectionable content shared on Social Media.

3)      Absolute Freedom of Speech is a term that is disastrous for our Nation, because of many internal and external threats existing to compromise the sovereignty and secularism.  That’s why a well defined and effective law is needed so that there is no misuse of power.

4)      Our democracy gives us many civil rights but we must also understand that we as citizens of this great nation have certain responsibilities towards nation. So it is mush desired if freedom of speech is used in the welfare of the society rather against.

  

About the Author: Aviral Singh is a Mechanical Engineer from AKGEC and a die heart defense aspirant. He loves dramatics, performing in street plays and doing miming. He has won many prizes through his performances at various levels. This article is a way to help defense aspirants to present his critical views on the topic, on the forum so that collective exchange of thoughts can take place.