SC on sec.66A of IT Act (prevention of offensive content on the internet)

24 Mar 2015 (AIR News Analysis)

Participants: Neraj Aurora, Cyber law Expert and Praful srivatsava, PTI

Supreme court landmark judgment.

In year 2008, IT act amended – Provision Section 66A inserted. It includes 2 parts

1. Publishing of offensive information or information which is grossly offensive or menacing in character.

2. Dealing with false information but impact of creating annoyance, defamation, insult, ill-will.. etc..

Four words, not defined: Grossly offensive, menacing character, annoying, inconvenience (subjected to interpretation – misuse by law enforcement agencies)

Two fold issues in front of the court / Judiciary.

1. Misuse by the law enforcement agencies.

2. Vague provision – unconstitutional in nature – sweeping interpretation – violate Art. 19 of Constitution of India.

Issues of Internet (without safeguard):

1. Anonymity.

2. Illegal/ defamatory content.

3. Hate speech.

4. Obscene materials.

Need of the hour – New provision – balance of interest - freedom of speech & Safeguard/protection from hate speech.

Legal protection against abuse & defamation:

File complaint under Sec. 499 & 500 of IPC – court of law – with evidence / proof;

Technical complexity: Tracing an IP of the perpetrator – under the court process;

Sec 79 of IT Act – grant exemption to the intermediary (ISP/FB/Website/Search Engine/Companies/ also include cyber-cafe) - IT intermediary rules – to make them comply with certain provisions;

Sec 66A of IT Act – expedite the process – to reduce damaging effect – cognizable offence;

Recent issues:

1. Sony Hack case – movie stolen - re-iterates the need for international law;

2. Assam case – obscene videos – server located overseas;

Section 505 of IPC acts – any analogy with sections of IT act – it talks about only the aggravated situation;

Govt. Proposal – Notification – reg. Sec 66A

1. All the violation of Sec 66 – form the part of IT Intermediary rules.

2. Social media websites should publish privacy policy.

3. Social media websites should maintain data for 3-4 months.