NEW DELHI: The Supreme Court has scrapped a contentious law that was seen as a major infringement of the freedom of speech online because it allowed the arrest of a person for posting offensive content. Section 66A of the Information Technology Act, introduced in 2000, has been declared unconstitutional. Describing the law as "vague in its entirety," the judges said, it encroaches upon "the public's right to know."
The law had been challenged first by a law student named Shreya Singhal after two young women were arrested in 2012 for posting comments critical of the total shutdown in Mumbai after the death of Bal Thackeray, the Shiv Sena chief. The group that challenged the law in the Supreme Court expanded to include the NGO Common Cause and Bangladeshi writer Taslima Nasreen.
The contention by most of the petitioners was that Section 66A is vague and allows the police arbitrary interpretation and misuse of the law. The previous government, headed by the Congress, said that the law was necessary to combat abuse and defamation on the Internet. The new BJP government also defended the law in court.
Freedom of Speech Online: Section 66A is Struck Down by Supreme Court
The law had been challenged first by a law student named Shreya Singhal after two young women were arrested in 2012 for posting comments critical of the total shutdown in Mumbai after the death of Bal Thackeray, the Shiv Sena chief. The group that challenged the law in the Supreme Court expanded to include the NGO Common Cause and Bangladeshi writer Taslima Nasreen.
The contention by most of the petitioners was that Section 66A is vague and allows the police arbitrary interpretation and misuse of the law. The previous government, headed by the Congress, said that the law was necessary to combat abuse and defamation on the Internet. The new BJP government also defended the law in court.
Freedom of Speech Online: Section 66A is Struck Down by Supreme Court