Finally a ‘No’ to Internet Censorship!!

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Today Supreme Court of India gave a remarkable judgment by curbing the controversial Section 66A of Information technology Act 2000. Section 66A which was always in the news due to its encroachment on Freedom of speech has been finally declared unconstitutional by the true interpreter of Constitution. The Supreme Court of India has proven once again that if Government doesn’t do its job, they will do it.
But what exactly is Section 66A and why are there so many controversies around it?


What is section 66A?
Section 66A calls for punishment for sending ‘offensive' messages through computers or any other communication devices such as a mobile phone or a tablet, and a conviction can fetch a maximum of three years in jail.

According to the act, 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; or
(b) any information (which he knows to be false) persistently by making use of such computer resource or a communication device, for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will; or
(c) any e-mail or e-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 a fine and/or imprisonment for a term which may extend to three years.

"E-mail" and "e-mail message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, images, audio, video and any other electronic record, which may be transmitted with the message.


Some Controversies around Section 66A 
1: Two girls arrested for a FB post questioning the ‘Shutdown on Bal Thackeray’s funeral’ in Mumbai, later released on bail

Two girls were arrested over their Facebook post questioning the shutdown in the city for the Shiv Sena patriarch- Bal Thackeray's funeral; with their comment also leading to an attack by the Sena activists on the clinic of one of the girl’s Uncle.
2: Kerala youth arrested for posting abusive FB comments against Modi
A Kerala youth was arrested on charges of posting abusive comments and photos against Prime Minister Narendra Modi, on Facebook. The case was registered against Rajeesh, a local CPI (M) worker, at Anchal police limits in Kollam district on Tuesday by an RSS worker who filed the case after reading three abusive posts By Rajeesh.
3: Youth held for ‘objectionable’ FB post against Azam Khan 
A Class XI student from Bareilly was arrested by Rampur police for sharing an “objectionable” post on Facebook against senior Samajwadi party leader and state Urban Development Minister, Azam Khan. A team of crime branch sleuths picked him up from his house Mondayand was remanded in judicial custody for 14 days
4:  Cartoonist Aseem Trivedi charged with sedition 
In January 2012, Aseem Trivedi, a political cartoonist based in Kanpur  was charged with sedition and insulting national emblems in his cartoons. He was jailed for few days and was released later after mass public protest against his arrest. The Mumbai Police's cyber wing had also blocked Trivedi's website sparking a debate on freedom of expression in India.
5:   FIR against author Taslima Nasreen on cleric’s complaint
An  FIR was lodged against controversial Bangladeshi writer Taslima Nasreen for allegedly hurting religious sentiments (on Twitter) following a complaint by a prominent Muslim cleric in Bareilly district of Uttar Pradesh.


Recent Development
The Supreme Court struck down Section 66 A of the Information and Technology Act, which allowed police to arrest people on the basis of what they post on the internet. However, it upheld the government’s right to block content on the internet. The court also found the language used in the Section vague and nebulous saying it doesn't properly define words like 'offensive' or even 'persistent'. The court said it can't go by government assurances that the Section won't be misused as any assurance would not bind on successive governments. Section 66 A, it said, would have to be judged on its own merits.

Road Ahead
Now since the Supreme Court has given its historical judgment, the government should take the cue from this and try to strengthen cyber security laws in India. Modi Government, which is flying high on Digital India campaign, should make stringent cyber-security and Anti-privacy laws so that Cyber world can be better regulated. India, which is hoping high on the success of Information technology, must try to create a conducive cyber environment. 

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