Peruse it:- Section 66A of the IT Act seeks to prevent grossly offensive materials from circulating freely on the Internet. However, its provisions are so vague that are liable to be misused as is clear from some incidents. The section seeks to punish the individuals with imprisonment for the following offences- sending any information which is grossly offensive or has a menacing character; sending information known to be false for causing annoyance, anger, inconvenience, etc; persistently making use of computer or a communication device to cause annoyance or inconvenience. It is clear that all the above provisions are quite vague and broad. Annoyance and anger are subjective questions which vary with individuals. Article 19-1(a) of the constitution provides the citizens of India with the freedom of speech and expression. Clause 2 of the Article restricts this freedom in the interest of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency and morality and to prevent contempt of court. Provisions in the section 66A restrict the freedom of speech without clearly falling under any of the exceptions mentioned in Article 19. The assurance given by the union govt. that the section will be applied in a reasonable manner and that arrests will not be made without the permission of an official not below the rank of Inspector General of police is not borne out by some incidents where where individuals were arrested for small offences. There is a worry that police are influenced by political parities and arrests might be made to satisfy political leaders. While the need to prevent criminal intimidation and danger through social media and the internet are recognised, the Section goes a bit too far and curbs the freedoms which are held dear in a democracy and free society.
Posted on: Thu, 14 Aug 2014 06:43:13 +0000
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