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2013: The Supreme Court had on 16 May, 2013, came out with an advisory that a person, accused of
posting objectionable comments on social networking sites, cannot be arrested without police getting
permission from senior officers like IG or DCP.
March 24, 2015: The Supreme Court quashed Section 66A of the Information and Technology Act.
Any information which he knows to be false, but for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will,
persistently by making use of such computer resource or a communication device
Any electronic mail or electronic mail message for the purpose of causing annoyance or
inconvenience or to deceive or to mislead the addressee or recipient about the origin of such
messages, shall be punishable with imprisonment for a term which may extend to three years
and with fine."
The Section 66A in creating an offence against persons who use the internet and annoy or
cause inconvenience to others very clearly affects the freedom of speech and expression of the
citizenry of India.
If Section 66A is otherwise invalid, it cannot be saved by an assurance from the present
Government that it will be administered in a reasonable manner. Governments may come and
Governments may go but Section 66A goes on forever. An assurance from the present
Government even if carried out faithfully would not bind any successor Government.
The Section 66A purports to authorize the imposition of restrictions on the fundamental right
contained in Article 19(1)(a).
promote the IT industry, regulate e-commerce, facilitate e-governance and prevent cybercrime.
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and educational rights
6. Right to constitutional remedies