Sunday October 21, 2018
Home Science & Technology Freedom to ex...

Freedom to express: Supreme Court calls Section 66A of the IT Act unconstitutional

0
//
86
Republish
Reprint

pencil-667082_1280

By NewsGram Staff Writer

In a remarkable judgement, Supreme Court has called Section 66A of the Information Technology act unconstitutional.

The Supreme Court on Tuesday struck down Section 66A of the Information Technology Act holding it as a violation of Article 19(1)a of the Constitution, which guarantees freedom of speech.

“Section 66A of the IT Act is struck down in its entirety…,” said the apex court bench of Justice J. Chelameswar and Justice Rohinton Fali Nariman.

“Our Constitution provides for liberty of thought, expression and belief. In a democracy, these values have to be provided within constitutional scheme. The law (Section 66A) is vague in its entirety,” said Justice Nariman pronouncing the judgment.

“There is no nexus between public order and discussion or causing annoyance by dissemination of information. Curbs under Section 66A of the IT Act infringes on the public right to know.”

While some petitions have contended that the words, ‘offensive’  and ‘menacing’ in the Section are vague and can be misused to undermine the very foundation of democracy. On the other hand, the Government had claimed that the Section with its guidelines is a ‘ reasonable restriction’ the right to speech and expression.

Earlier, under Section 66A, any person sending ‘offensive’ messages from a computer or any other communication device like phone, tablet, laptop could be jailed up to a period of three years.

Click here for reuse options!
Copyright 2015 NewsGram

Next Story

A Complaint Registered Against Facebook’s Zuckerberg in an UP Court

"This has hurt my sentiments and has hurt national pride," the petitioner has said

0
Facebook
UP court receives complaint against Facebook's Zuckerberg. Pixabay

A complaint has been registered in an Uttar Pradesh court against Facebook founder Mark Zuckerberg and three others for using national symbols and letter heads of President Ram Nath Kovind and Prime Minister Narendra Modi on its site without due permission.

Chief Judicial Magistrate Anand Prakash Singh on Wednesday set November 12 as the next date of hearing when the petitioner lawyer Omkar’s statement would be recorded.

Others named in the complaint are Facebook COO Sheryl Sandberg, Chief Product Officer Chris Cox, Facebook India Head Ajit Mohan.

Facebook
Facebook’s CEO Mark Zuckerberg. VOA

The petitioner has further alleged that the social media giant runs an application which allows certain national symbols to be used without permission.

He has submitted screen shots as evidence.

Also Read- Huma Qureshi Feels That Love is Not Restricted to Any Gender

The petitioner has demanded that the named persons be punished for this offence as they were not only getting cheap popularity with the use of such symbols but were also earning a lot of money.

“This has hurt my sentiments and has hurt national pride,” the petitioner has said. (IANS)

Next Story