Such is the reach of the section and if it is to withstand the test of. Examination of section 66a of the information technology act. This act was substantially amended through the information technology amendment act 2008 in 2008. It, however, read down section 79 3 b and rule 34 of the intermediary rules to the effect that an intermediary will be liable only if a court order has been passed directing take down. The supreme court struck down section 66a of the information technology act, 2000, relating to restrictions on online speech, as unconstitutional on grounds of violating the freedom of speech guaranteed under article 191.
The original act contained 94 sections, divided into chapters and 4 schedules. Sandeep dixit, testing of telecom equipment in india mandatory from next. The information technology amendment act, 2008 the. The types of information this covers are offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of causing. A background to section 66a of the it act, 2000 prsindia. The section 66a of the it act penalizes sending false and offensive messages through communication services. The act also penalizes various forms of cyber crime. The supreme court has issued notice in an application filed by peoples union for civil liberties pucl, on the continued use of section 66a of the information technology act. This section had been widely misused by police in various states. Pdf on jan 1, 2014, lisa lukose and others published section 66a of information.
Objective of this section was to prevent grossly offensive material from circulating freely on the internet. The main indian act that addresses legal challenges specifically as they relate to the internet is the information technology amendment act, 2008, or for short, the it act. The supreme court is examining the constitutional validity of section 66a of the amended indian information technology act, 2000. The repugnant section 66a of indias information technology so is the case with section 66a of indias information technology act, which reads. The supreme court sc on 24 march 2015 struck down the section 66a of the information and technology act 2000 calling it unconstitutional and untenable. I section 66a of the information technology act, 2000 is.
While it may have been a major relief that the supreme court of india struck down the draconian section 66a of the information technology act it act. On march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. Supreme court strikes down section 66a of information. The act was amended in 2009 to insert a new section, section 66a which was said to address cases of cyber crime with the advent of technology and the internet. A plain reading of section 66a would show that this. Section 66 a it act information technology act supreme court strikes down sec 66a internet freedom 66a 66a of it act 66 a also read government plans to rework it act to meet new challenges, ravi. A section 66 a of the information technology act 2000 act does not violate article 14 14 3. The act was amended in 2009 to insert a new section, section 66a which was said. Life after section 66a of the information technology act. Section 66 a of it act unconstitutional and untenable. The decision12 laid down the test that has to be applied in all such cases is does.
Section 66a of it act scraped by supreme court go sarkari. B section 66a of the information technology act, 2000 act violates article 191a 14 3. Obscenity in electronic form, morphing of images, defamation, text bullying, stalking, spamming. Any person who sends, by means of a computer resource or a communication device, the afterlife and possible resurrection of section 66ait. Ii section 66 a of the information technology act 2000 does not vest. Two years ago, on 24 march 2015, online speech or communication got a boost as the supreme court declared a draconian provision section 66a of the information technology act, 2000. In a verdict related to the freedom of speech on the internet, the supreme court on 24th march 2015 scrapped section 66a of the information technology act, terming it as unconstitutional the supreme court said that section 66a is vague and violative of the fundamental right to freedom of speech. Section 66c in the information technology act, 2000 74 66c punishment for identity theft. Union of india is a judgement by a twojudge bench of the supreme court of india in 2015, on the issue of online speech and intermediary liability in india. Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with. The information technology act 2000 bare act information.
The judgment of the supreme court, in pdf format pdf 448 kb, can. It act judgements, cyber law judgements, cyber case laws. Supreme court strikes down section 66a of it act which. Court of india struck down section 66a of the information technology act, 2000. Section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to the arrests of many. The information technology act, 2000 was amended in 2008. Before the honourable supreme court of india civil. To understand the concept of section 66a of it act 2000 2. Section 69a of the information technology act empowers central government to. The proposed amendments in the draft of the information technology intermediaries guidelines amendment rules 2018, rule 39 is bound to force social media platforms like whatsapp, facebook and twitter to remain vigil and keep users on their toes before posting or sharing anything that is deemed as unlawful information or content. Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and.
Two years after the controversial section 66a of the information technology it act was struck down by the supreme court, new research points at how another section of the act. Punishment for sending offensive messages through communication service, etc. Sc in its ruling held that section 66a interferes with freedom of speech and expression envisaged under article 19 of constitution of india and also hit the root of two cardinal pillars of. The section 66a of the it act penalized sending false and offensive messages through communication services. Section 66a of the act criminalises the sending of offensive messages through a computer. The bill was finalised by group of officials headed by then minister of information technology pramod mahajan summary. Section 66a of information technology act visavis freedom of speech and. Section 66a of the information technology amendment act, 2008 prohibits the sending of offensive messages though a communication device i. Section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to. Pdf section 66a of the information technology act uday. Section 66c in the information technology act, 2000. Justices j chelameswar and rohinton f nariman passing the judgement said that 66a the court.
As per section 67 of it act 2000, he has to undergo for 2 years and to pay fine of rs. This is considered the first case convicted under section 67 of information technology act 2000 in india. Section 66a of the information technology act note. Supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. In their order, the court said, section 66a is violative of article 191a, not saved by article 192, hence unconstitutional. Sc quashes section 66a the supreme court on tuesday quashed section 66a of the information technology act, which provides the government power to arrest a per. The amended act which received the assent of the president on february 5, 2009, contains section 66a. More information on section 66 of information technology act, 2000. Section 66a of it act information technology act 2008 declared invalid by supreme court of india. The bill was passed in the budget session of 2000 and signed by president k. What does the information technology act, 2000 provide for. Pdf section 66a of information technology act visavis freedom. In its petition, pucl had submitted that more than 22 people have been prosecuted under the provision, after it was scrapped by the apex court in 2015.
In light of this, we present a background to section 66 a and the recent developments leading up. Any person who sends, by means of a computer resource or a communication device. All you need to know about section 66a of the it act. This act was substantially amended through the information technology amendment act 2008.
Section 66a of the information technology act repealed. We highlight the sections that have the greatest relevance for the internet and democracy. Section 66a of information technology act, 2000 is. A batch of petitions have alleged that the section tramples upon the fundamental right to freedom of speech and expression, and asked that it. Section 66 a was unconstitutional because it failed two major tests the clear. Supreme court judgment on section 66a of information. Section 66a of the information technology act, 2000 is struck down in its entirety being violative of article 191a and not saved under article 192. The accused paid fine amount and he was lodged at central prison, chennai. Supreme court of india recently gave a judgement in which it declared section 66a of it act as unconstitutional and invalid section 66a of it act dealt generally with punishments for sending offensive messages over internet includes posting on social media like facebook, twitter. Supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india 2015 summary. At least 21 journalists were sued under section 57 of the information and communication technology act in the last four months amid growing demand for repeal of the provision which is wide open to. It also upheld section 79 of the act and the information technology intermediary guidelines rules, 2011 intermediary rules framed under section 79.
Information technology 66a information technology programs. Section 66a of the information technology act the centre. The supreme court struck down section 66a of the it act in. Pdf section 66 a of the information technology act 2000 inserted vide amendment in 2008 was struck. Section 66e in the information technology act, 2000. Such is the reach of the section and if it is to withstand the test of constitutionality, the chilling effect on free speech would be total, justices j. Download supreme court judgment in pdf as to scrapping of section 66a in the.