The information technology act, 2000 was amended in 2008. The section 66a of the it act penalized sending false and offensive messages through communication services. Supreme court strikes down section 66a of it act which. Copies of ministry policies, other documentation, or references to court decisions that guide you or your staff on receipt of application, when. Section 66a of the it act defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or a tablet. 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 people for posting content deemed to be allegedly objectionable on the internet. Based on the forgoing reasons, the court invalidated section 66a of ita in its entirety as it violated the right to freedom of expression guaranteed under article 191a of the constitution of. Section 66a of finance act, 1994 the reverse charge mechanism. The supreme court struck down section 66a of the it act in 2015, why are cops still using it to make arrests.
Any person who sends, by means of a computer resource or a communication device, a any information that is grossly offensive or has menacing character. Section 66a and other legal zombies global freedom of. Section 66a of the it act defines the punishment for sending. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about.
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 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. Mar 24, 2015 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. Punishment for sending offensive messages through communication service, etc. Service tax act chapter v of the finance act, 1994. A few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. Examination of section 66a of the information technology act. The immediate cause for concern in these petitions is section 66a of the information technology act of 2000. Section 66a, finance act, 1994 2016 charge of service tax on services received from outside india. Advisory on implementation of section 66a of the information. Section 66a of the information technology act the centre for. Further, it ruled that sections 69a and 79 of the it act, 2000 and the information technology rules, 2009 constitutionally valid2.
There are changes that may be brought into force at a future date. His cartoons depicting widespread corruption in india were considered offensive. On march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. In and out section 66a and explanation to section 65105. Since all the arguments raised by several counsel for the petitioners deal with the. A conviction can fetch a maximum of three years in jail and a fine. This undermines the freedom of speech, rule of law, and institutional integrity of the. Section 66a of the information technology act 2000 act violates article 14, article 191 a and article 21 of the constitution 12. This was in response to a pil that challenged the constitutionality of this provision. Any person who sends, by means of a computer resource or a communication device. Section 66b of finance act, 1994 charge of service tax. Section 66a of the information technology act the centre. In the information technology act, 2000, in section 66a. The section 66a of it act provided for jail term to people who post offensive content online and it was scrapped by the apex court in march 2015.
Breaking down section 66a of the it act the centre for. History books, newspapers, and other sources use the popular name to refer to these laws. The amended act which received the assent of the president on february 5, 2009, contains section 66a. Service tax act chapter v of the finance act, 1994 section 64. Service tax act chapter v of the finance act, 1994 as on 142017 section 64. Section 66a of information technology act upsc online ias.
Sections 66a of the it act, 2000, hereinafter called as section 66a and section 118d of the kerala police act unconstitutional as being violative of article 191a and not saved by article 192. The supreme court struck down section 66a of the it act in. Section 66a no disclosing information using section 66a or 66c of the oranga tamariki act 1989 is the information you are planning to disclose relevant to the. Use mylegislature to follow bills, hearings, and legislators that interest you. The supreme court sought the centres response to a plea alleging that despite the striking down of draconian section 66a of the it act in 2015 by the apex court, police in various states were still invoking it in firs to clamp down on free speech on social media platforms the petition said a recent working paper by the internet freedom foundation demonstrated that pending. Why the court struck down this provision, issues associated and issues over implementation of courts order. The supreme court on tuesday struck down section 66a of the it act which allowed arrests for posting offensive content on social media sites.
Jun 03, 2016 so to level the field for both resident and nonresident and also to increase the tax revenue, government introduced section 66a through finance act, 2006. The supreme court sought the centres response to a plea alleging that despite the striking down of draconian section 66a of the it act in 2015 by the apex court, police in various states were still invoking it in firs to clamp down on free speech on social media platforms. 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. Section 66a of former title 31 was repealed by pub. Section 66a and other legal zombies by abhinav sekhri, apar. Section 66a of the amended indian information technology act, 2000 is all about. All you need to know about section 66a of the it act. The section reads as under any person who sends, by means of a computer resource or a communication device, aany information that is grossly offensive or has menacing character. For the sake of clarity, i will address each of your questions in turn. In september 2012, a freelance cartoonist aseem trivedi was arrested under the section 66a of the it act, section 2 of prevention of insults to national honour act, 1971 and for sedition under the section 124 of the indian penal code.
Section 66a defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or a tablet. It act judgements, cyber law judgements, cyber case laws. Provisions relating to reports on internal accounting and administrative control systems are restated in subsec. 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. The controversial provision made posting offensive material on social networking sites an offence punishable by up to three years in jail. Mar 24, 2015 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. But, in the present section 66a, it is limited to those services, which are made taxable, under section 65 105 of the act. The dust has barely settled on the controversies over the misuse of section 66a of the information technology act that it seems the police have found ingenuous ways to misuse the laws other provisions. Road traffic act 1988, section 66a is up to date with all changes known to be in force on or before 02 may 2020.
Section 66a of the it act is a relevant section which penalizes sending false and offensive messages through communication services. Section 66a of the it amendment act, 2008 prohibits the sending of offensive messages though a communication device i. 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. The court further held that the section was not saved by virtue of being a reasonable restriction on the freedom of speech under article 192. Pdf section 66a of information technology act visavis freedom. Code citations have been placed at the beginning of each section and subsection. The section 66a of the it act penalizes sending false and offensive messages through communication services. This section was introduced by finance act, 2006 w. Dec 11, 2012 this act was substantially amended through the information technology amendment act 2008 in 2008. Sections 6, 7 and 8 not to confer right to insist document should be accepted in.
Pdf section 66a of the information technology act uday. 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. Key points of sc verdict the court said such a law hit at. The act also penalizes various forms of cyber crime. A background to section 66a of the it act, 2000 prsindia.
Section 66a of the information technology act 2000, continues to be used by police departments across india in prosecutions. Sections 66a, 67 of it act and section 509 of the indian penal code. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. This act was substantially amended through the information technology amendment act 2008.
Obscenity in electronic form, morphing of images, defamation, text bullying, stalking, spamming. The court struck down section 66a of the it act for being open ended, undefined, and vague and the words used in the text of the provision being nebulous in meaning. All you need to know about section 66a of the it act the. Section 66b is the charging section and holds a vital importance in understanding the service tax act. Pdf on jan 1, 2014, lisa lukose and others published section 66a of information technology act visavis freedom of speech and. Mar 24, 2015 on march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. Section 66a of it act of 2000 scraped to avoid people. Section 66a of the it act talks about sending offensive messages through communication services and a punishment for the same is prescribed in the act. 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 191a of the constitution of india. Objective of this section was to prevent grossly offensive material from circulating freely on the internet. Arguments in and against favour the petitioners counsels raised important issues on the validity and constitutionality of section 66a of it act. Section 66a of the information technology act repealed. Censorship in india, decades, high court, in india, information technology act, information technology in india, internet in india, judiciary of austria, law, supreme court of india. Kapil sibal, minister of communications and information technology, has argued that section 66a of the it amendment act, 2008 is needed to fight harrassment and abuse of women online.
Charge of service tax on services received from outside india. This section is applicable from the 1 st july 2012. He has been booked for defamation and also under section 67 a of the it act. The case involved the harassment of a minor girl, and sections 67, 67b, of the it act, and section 509 of the ipc. More information on section 66a of information technology act, 2000. This section was not in the act as originally enacted, but came into force by virtue of an amendment act of 2009 with effect from 27. 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 imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. 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.
Judgment day quashing of section 66a of it amendment act 2008. 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. Section 66e in the information technology act, 2000. In april last year, a local court in telangana sentenced a man by invoking section 66a, ignoring the supreme courts order. Aug 06, 2015 section 66a of the it act defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or a tablet. Ii the statutory powers of the police cannot be interfered with in the present case. The offence under section 66a of it act being cognizable, law enforcement agencies have authority to arrest or investigate without warrants, based on charges. Section 66a and other legal zombies by abhinav sekhri. Interestingly, many complaints were made before regarding the widespread abuse and misuse of section 66a. 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. To understand the concept of section 66a of it act 2000 2. But what finally prompted the apex court to announce its verdict on section 66a. Mar 23, 2015 what the outcry over section 66a of the it act misses is the need for a mechanism to prevent arrests on flimsy interpretations of criminal law provisions.
It also found section 118d of the kerala police act to be unconstitutional as applied to section 66a. Apr 08, 2015 a controversial legislative section 66a of it amendment act 2008 was declared as unconstitutional by sc. Section 66a of the information technology act repealed lexology. Punishment for sending offensive messages through communication. This section is also popularly known as reverse charge mechanism. Information act 1982, information relating to section 66a of the social security act 1964 the act. And sometimes they are meant to garner political support for a law by giving it a catchy name as with the usa patriot act or the take pride in america act or by invoking public outrage or sympathy as with any number of laws named for victims of crimes. Ch magazine section 66a sending offensive or false. So to level the field for both resident and nonresident and also to increase the tax revenue, government introduced section 66a through finance act, 2006.
Changes that have been made appear in the content and are referenced with annotations. Sep 29, 2016 this act was substantially amended through the information technology amendment act 2008. Before the honourable supreme court of india civil. Supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india 2015 summary. The bare text of section 66b is available in the annexure, and the same can also be downloaded in the pdf version. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. Section 66a of the act criminalises the sending of offensive messages through a computer or other communication devices. Breaking down section 66a of the it act section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. Download supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india dated.
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