Pdf on jan 1, 2014, lisa lukose and others published section 66a of information technology act visavis freedom of speech and. Section 66 a it act information technology act supreme court strikes down sec 66a internet freedom 66a 66a of it act 66 a related government plans to rework it act to meet new challenges, ravi. Recently certain incidents have been reported wherein section 66a of the information technology act, 2000 has been invoked solely as well as with other. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. Critical appraisal of information technology act academike. National institute of standards and technology act act of march 3, 1901, chapter 872 of the 56th congress as amended through p. The repugnant section 66a of indias information technology so is the case with section 66a of indias information technology act, which reads. After three years of protests by free speech campaigners and others, a bench comprising justices j.
This is considered the first case convicted under section 67 of information technology act 2000 in india. Download the information technology act, 2000 by pdf online. Section 67a of information technology amendment act itaa, 2008 punishment for publishing or transmitting of material containing sexually explicit acts whoever, publishes or transmits or causes to be published or transmitted in the electronic form, any material which contains sexually explicit act or conduct. The information technology amendment act, 2008 serves as a suitable case study for an analysis of the legislative exercise of law and policy formulation in the field of cybercrime legislation, revealing quite emphatically the need for carefully worded provisions, foresight in the drafting process and imagination with respect to. It states that intermediaries will not be liable for any third party information, data or communication link made available by them. 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. Any person who sends, by means of a computer resource or a communication device,any information that is grossly offensive or has menacing character. Discussion on section 66a information technology act. Oct 12, 2012 the information technology act, 2000 has given legal recognition to creation, transmission and retention of an electronic or magnetic data to be treated as valid proof in a court of law some technology products in banking sector include. Department of telecommunications, ministry of communications, is responsible for formulating developmental policies aimed at accelerating growth of the telecommunication services. In its petition, pucl had submitted that more than 22 people have been prosecuted under the provision, after it was scrapped by the apex court in 2015. Section 66a of the information technology act the centre for. Notifications ministry of electronics and information.
The types of information this covers are offensive messages of a menacing character. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. This section had been widely misused by police in various states. Life after section 66a of the information technology act. Section 66a of the information technology act may create a fresh set of problems. 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. Some recent commentary on the amendments to the information technology act has claimed that the amendments are little different from powers already with the state in the indian telegraph act of 1885, and thus civilliberties concerns are mistaken. Punishment for dishonestly receiving stolen computer resource or communication device. The controversial section has long been decried by activists. Section 69 of the information technology amendment act 2008, passed by. Mar 24, 2015 what section 66 of indias information technology act actually said. The information technology act, 2000 was corrected in 2008. This act was substantially amended through the information technology amendment act 2008.
A conviction can fetch a maximum of three years in jail and a fine. The accused paid fine amount and he was lodged at central prison, chennai. Section 66a of information technology act supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. Even judges dont seem to know that the section has been read down. Dec 17, 2014 by soumik chakraborty and sreedhar kusuman. Information technology amendment act, 2008 national. The total arrests made under the it act stood at 5,102, meaning arrests under section 66a of information technology act, that was declared unconstitutional by the supreme court of india in 2015 accounted for nearly 61. Information technology act section 67a court supreme court. Information technology procedure and safeguards for interception, monitoring and decryption of information rules, 2009. Section 66a of the act criminalises the sending of offensive messages through a computer or other communication devices. Offences under section 66b of information technology act. Sending messages i was reading section 66a of the information technology act a few days ago because it appears. The supreme court on tuesday declared section 66a of information technology act as unconstitutional and struck it down. Supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india 2015 summary.
Amended by local government laws amendment act 19 of 2008 from oct 2008. Punishment for sending offensive messages through communication service, etc. Information technology procedure and safeguards for blocking for access of information by. Buy the information technology act, 2000 by pdf online from company secretary. Be it enacted by parliament in the fiftyninth y ear of the republic of india as follows.
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 19 1 a of the constitution of india. In this post pranesh prakash explores why that section is unconstitutional, how it came to be, the state of the law elsewhere, and how we can move forward. 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 191. 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 technology act. 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. Union of india, the supreme court of india struck down section 66a of the information technology act, 2000 on the grounds that the section has a. Pdf section 66a of the information technology act uday. This was in response to a pil that challenged the constitutionality of this provision. Nariman held the section 66a of the information technology it act. The information technology act, 2000 also known as ita2000, or the it act is an act of the indian parliament no 21 of 2000 notified on 17 october 2000.
Mar 24, 2015 the supreme court has quashed section 66a of the information technology act on tuesday, terming it vague and unconstitutional. Notably, the official ministry of electronics and information technology page containing the it act contains no mention of section 66a s unconstitutionality till date. Section 66a of the information technology act repealed. Section 66a of the information technology act is unconstitutional in its entirety, the supreme court. Provision for addressing such offenses exists in section 66a of the information technology act, 2000. Yesterday, the supreme court of india issued notice to the central government for the continued use of section 66a of the information technology act, 2000 the it act, despite the provision being struck down from the statute books as unconstitutional by the supreme court in its landmark judgment. Section 66a of the amended indian information technology act, 2000 is all about.
At least 21 journalists were sued under section 57 of the information and communication technology act in the last four months amid growing demand for repeal of the provision which is wide open to. Section 66c in the information technology act, 2000. Two girls, shaheen dhada and rinu srinivasan were arrested after they had shown dismay about a band brought by shiv senas chief bal thackreys death in 2012. This undermines the freedom of speech, rule of law, and institutional integrity of the supreme court. The main indian act that addresses legal challenges specifically as they relate to the internet is the information technology amendment act, 2008, or for short, the it act. The supreme court struck down section 66a of the it act in. Information technology act, 2000 bare acts law library. This publication is a compilation of the text of chapter 872 of the 56th congress. What section 66 of indias information technology act. The judgment of the supreme court, in pdf format pdf 448 kb. Section 66a in the information technology act, 2000. Two years ago, on 24 march 2015, online speech or communication got a boost as the supreme court declared a draconian provision section 66a of the information technology act, 2000.
The section 66a of the it act penalized sending false and offensive messages through communication services. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Information technology act 2000 year 2017 judgments. Section 66a information technology act cyber crime lawyers.
A few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. In the information technology act, 2000, in section 66a. A background to section 66a of the it act, 2000 prsindia. Section 66a of it act, serves as an example of the positive deterrents applied by the government to stop the use of right to freedom of speech, to cause public unrest.
The information technology amendment act, 2008 the. 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. Discussion on section 66a information technology act home. The information technology it act, 2000 provides for legal recognition for transactions through electronic communication, also known as ecommerce. A batch of petitions have alleged that the section tramples upon the fundamental right to freedom of speech and expression, and asked that it be declared unconstitutional. The act also penalizes various forms of cyber crime. Supreme court upholds freedom of speech on the internet. In a 52page judgement, which extensively discussed indian, english and us jurisprudence on free speech, the supreme court struck down section 66a of the information technology act, read down section 79 of the information technology act and the related rules, and affirmed the constitutionality of section 69a of the act. Union of india is perhaps best known for striking down section 66a of the information technology act, 2000 it act as unconstitutional. If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. This act was substantially amended through the information technology amendment act 2008 in 2008. Advisory on implementation of section 66a of the information. 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.
Mar 23, 2015 all you need to know about section 66a of the it act internet desk march 23, 2015 11. Section 66a of information technology act struck down by. Advisory on section 66a of information technology act meity. Section 66a of the information technology act the centre. The amended act which received the assent of the president on february 5, 2009, contains section 66a.
Section 69 of the information technology amendment. Supreme court judgment on section 66a of information technology. Objective of this section was to prevent grossly offensive material from circulating freely on the internet. Section 66a defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or a tablet. Feb 17, 2010 information technology act 2000 rather than giving information and technology gives rise to cyber crime. Section 66 in the information technology act, 2000 71 66 computer related offences. Clarification on section 67 and 67a of information. Any person who sends, by means of a computer resource or a communication device, the afterlife and possible resurrection of section 66ait. Section 66a of the information technology it act, 2000. The information technology act, 2000 section 66a, 69a, 79 the constitution of india article 191a and 192 relevant facts of the case. This section applies only to person who has gained access to the abovementioned information in pursuance to a power granted under information technology act, its allied rules e.
Section 66a of information technology act, 2000 is. Any person who sends, by means of a computer resource or a communication device. Section 66c in the information technology act, 2000 74 66c punishment for identity theft. Net banking online payment of excise and service tax 24. The supreme court struck down section 66a of the it act in 2015, why are cops still using it to make arrests. The indian information technology act 2000 act was a based on the model law on electronic commerce adopted by the united nations commission on international trade law 1. We find that an unconstitutional provision, section 66a of the information technology act 2000, continues to be used by police departments across india in prosecutions. The supreme court is examining the constitutional validity of section 66a of the amended indian information technology act, 2000. 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 78 of the it act needs to be substituted and section 153 and 505a of the indian penal code need to be amended. Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and. Section 66a of information technology act upsc online. Save your voice initiated an indefinite hunger strike by aseem trivedi and alok dixit against it act section 66a at jantar mantar on 8 december 2012, following various arrests of civilians expressing their views on social networking sites.
The information technology act, 2000 was amended in 2008. The information technology amendment bill, 2008 a bill further to amend 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. It is the primary law in india dealing with cybercrime and electronic commerce. Supreme court issues notice to the centre for continued. Supreme court strikes down section 66a of it act which. Additionally, day in and day out, there are numerous reports about use of section 66a in the press, and it is no coincidence that most of these reports concern statements. It amendment act, 2008 an act to amend the it act 2000. Short note on it amendment act, 2008 the centre for pranesh prakash of the centre for internet and society wrote a short note in february 2009 on the information technology amendment act, 2008. Breaking down section 66a of the it act the centre for.
Mar 24, 2015 section 66a of the information and technology it act was challenged in the top court by law students, bloggers, writers and rights groups following arrests across the country for statements. Amended by municipal fiscal powers and functions act 12 of 2007 from 7 sept 2007. 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. Download free sample and get upto 30% off on mrprental. Section 66a and other legal zombies by abhinav sekhri. Section 66a of the information technology act repealed lexology. T he altered act which got the consent of the president on february 5, 2009, contains the scope of 66a.
This page will be a platform for all the citizens to put their views and suggestions w. An act further to amend the information technology act, 2000. Mar 25, 2015 while it may have been a major relief that the supreme court of india struck down the draconian section 66a of the information technology act it act, this, however, should not be seen as a. The section 66a of the it act penalizes sending false and offensive messages through communication services. It was last amended by the public law listed in the as amended. In 2015, the supreme court struck down section 66a of the information technology it act, 2000, as unconstitutional in shreya singhal v. Presentation on section 66a of it act by anveshika 1 2. Any person who sends, by means of a computer resource or a communication device, a any information. The law that could land you in jail for a whatsapp forward has gone.
Doc information technology actsection 66a chaitrali. But what exactly was in section 66a of the information technology act that made it unconstitutional. As per section 67 of it act 2000, he has to undergo for 2 years and to pay fine of rs. To know about it act 2000 as amended by information technology amendment act 2008, and its objectives to understand its scope and definitions to discuss various chapters of the act. The court further held that the section was not saved by. The court, however, upheld the constitutionality of section 69a, which empowers the government to block websites in the interest of the security of the state. Section 66a of the information technology amendment act, 2008 prohibits the sending of offensive messages though a communication device i. 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 committee was formed after the supreme court struck down section 66a of the information technology act.
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. The supreme court struck down section 66a of the information technology act. Breach of privacy and confidentiality under information. Pdf section 66a of information technology act visavis freedom. Information technology amendment central public procurement. On march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. We highlight the sections that have the greatest relevance for the internet and democracy. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. Continued use of section 66a of the information technology. Section 66a in the information technology act, 2000 72 66a punishment for sending offensive messages through communication service, etc. All you need to know about section 66a of the it act. Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term. Full text containing the act, information technology act, 2000, with all the sections, schedules, short title, enactment date, and footnotes.
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