SC quashes Section 66A, says it curbs freedom of speech

Posted: March 24, 2015 at 5:53 am

New Delhi/Kolkata/Mumbai : The Supreme Court on Tuesday struck down Section 66A of the Information Technology Act, a controversial provision used to arrest people for their social media postings. The verdict was hailed by the victims, who described it as a victory for the common man's free speech.

"Section 66A of the IT Act is struck down in its entirety...," said an apex court bench of Justice J. Chelameswar and Justice Rohinton Fali Nariman.

The provision was so vaguely worded that any one could be arrested for "annoying and offensive" postings on a complaint even by a single individual.

"Our Constitution provides for liberty of thought, expression and belief. In a democracy, these values have to be provided within constitutional scheme. The law (Section 66A) is vague in its entirety," said Justice Nariman pronouncing the judgment.

"There is no nexus between public order and discussion or causing annoyance by dissemination of information. Curbs under Section 66A of the IT Act infringes on the public right to know."

Minister for Information and Technology Ravi Shankar Prasad said the government did not favour gagging dissent or honest criticism expressed on social media.

"We respect communication of ideas on social media, not in favour of curtailing honest criticism, dissent on social media," he told the media.

Victims on Tuesday hailed the Supreme Court's verdict.

Jadavpur University professor Ambikesh Mahapatra, who was arrested under the section in 2012 for circulating emails mocking West Bengal Chief Minister Mamata Banerjee, told IANS: "This is a victory of the common man's freedom of speech."

"This verdict will surely remove the fear psychosis that has been developing among a large section of internet users that they may get arrested for even innocuous of acts."

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SC quashes Section 66A, says it curbs freedom of speech

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