Category Archives: Freedom of Speech

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I didn #39;t mention it in the video but if anyone takes offense to what I told the rep on the phone that I talk about in the video, I do not apologize because we have freedom of speech. If someone...

By: Nate Decker

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Pc upgrades and trouble, Bloodeborne and what seems like randomness. - Video

Since it was enacted in 2000, the controversial Information Technology Act, has been used by political parties to stifle criticism.

In 2008 it was amended to include Section 66(a), which stated that any person found sending information that was false, "for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device" could be punished.

Even 'likes' on Facebook were included in the law's provisions.

Now India's Supreme Court has scrapped it - causing the newspaper Firstpost to conclude that 24-year-old Shreya Singhal - the woman behind the law suit - had saved freedom of speech in India.

"The courts are the one place where every citizen can go," said Shreya after the offending law was struck down yesterday. "If you say something in a newspaper or on TV, thats fine, but if you say it on Facebook, you get arrested... I think there are so many people in India who are tech-savvy and very vocal about their views."

Her campaign was triggered by an argument with her mother.

After Shreya returned to India, having completed a degree in astrophysics in the UK, she found out that two girls living near Mumbai had been arrested because of a Facebook post about the controversial late politician Bal Thackaray.

Her outrage led to a heated debate at home, and her mother, herself a lawyer, challenged her to stop shouting and do something. So she did.

On Tuesday the Supreme Court judges found the law unconstitutional, saying it violated the right to freedom of speech and expression enshrined in the Indian constitution.

Facebook and Twitter have been flooded with jubilant messages from academics, students and lawyers.

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Shreya Singhal: saviour of freedom of speech in India?

This day marks freedom for Internet in India. The Supreme Court today passed a judgement on Section 66A of the Information Technology Act terming it as unconstitutional. This landmark ruling upholds the fundamental right to freedom of speech and expression given under the Constitution of India.

In the past there have been many cases where citizens used the Internet as a means of free speech but were convicted or harassed under the senseless Section 66A of the IT Act. These included airing of free opinions such as criticism over the near shutdown of Mumbai city due Bal Thackerays death or political cartoons and many other cases, where the citizens were arrested for contravening the law. The new SC ruling upholds the freedom of speech in such cases.

Further, Supreme Courts reading down of the provision under section 79(3)(b), will now make it necessary to take legal permission from a court to takedown any content with the exception that the government can still issue orders to block access to websites under 69A rules. This will reduce liability on intermediaries and will go a long-way in setting up a free, fair and independent ecosystem.

Section 66A reads: Any person who sends by any means of a computer resource any information that is grossly offensive or has a menacing character; or any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult shall be punishable with imprisonment for a term which may extend to three years and with fine.

Expressing his views on the development, Mr. R. Chandrashekhar, President, NASSCOM, said, Internet as a medium is meant to be free and transcend territorial borders with minimal regulation and monitoring. The IT Act has well served the objective to provide the legal framework for data security and internet laws in the country. The changes enabled by the Supreme Court judgement would provide much needed boost to the citizens of the country and help the objective of a digitally connected India.

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Freedom of Speech on Internet: SC Strikes Down Section 66A of the IT Act

Aamir Khan Wants #39;FREEDOM of Speech #39; India #39;s Daughter !

By: Yo Yo Live 24/7 All Time

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Aamir Khan Wants 'FREEDOM of Speech' India's Daughter ! - Video

New Delhi: The Supreme Court is likely to pronounce today its verdict on a batch of petitions challenging constitutional validity of certain sections of the cyber law including a provision under which a person can be arrested for allegedly posting "offensive" contents on websites.

A bench of justices J Chelameswar and R F Nariman had on February 26 reserved its judgement after Government concluded its arguments contending that section 66A of the Information Technology Act cannot be "quashed" merely because of the possibility of its "abuse".

Additional Solicitor General Tushar Mehta had said that the Government did not want to curtail the freedom of speech and expression at all which is enshrined in the Constitution, but the vast cyber world could not be allowed to remain unregulated.

However, the court had said that terms like 'illegal', 'grossly offensive' and 'menacing character' were vague expressions and these words were likely to be misunderstood and abused.

Some of the petitions seek setting aside of section 66A of the Information Technology Act which empowers police to arrest a person for allegedly posting offensive materials on social networking sites.

The first PIL on the issue was filed in 2012 by a law student Shreya Singhal, who sought amendment in Section 66A of the Act, after two girls -- Shaheen Dhada and Rinu Shrinivasan -- were arrested in Palghar in Thane district as one of them posted a comment against the shutdown in Mumbai following Shiv Sena leader Bal Thackeray's death and the other 'liked' it.

The apex court had on May 16, 2013, come out with an advisory that a person, accused of posting objectionable comments on social networking sites, cannot be arrested without police getting permission from senior officers like IG or DCP.

The direction had come in the wake of numerous complaints of harassment and arrests, sparking public outrage.

It had, however, refused to pass an interim order for a blanket ban on the arrest of such persons across the country.

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Freedom of Speech online: SC verdict on Section 66A Today

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

New Delhi: The Supreme Court is expected to deliver a verdict today on the validity of Section 66 A of Information and Technology Act 2000. The Section gives the police powers to arrest those who post objectionable content online and provides for a three-year jail term.

It was challenged by law student Shreya Singal and others, including Bangladeshi author Taslima Nasrin and non-government organisations. The petitioners contended that the Section interferes with free speech and appealed that it be quashed.

The Centre has defended the provision, saying the possibility of its potential abuse cannot be a ground for declaring it unconstitutional.

The Centre has also argued that comments in the social media on political debate, protests, expressing a contrary view, a dialogue or a discourse cannot be punished under the provision. The lawyers of the petitioners had argued that the definition of provision Section 66 A - material that is grossly menacing, offensive and cause annoyance to public -- is vague and it may lead to abuse of the provision. They also argued that even genuine comments criticising a person, and caricatures, are treated as offence, and people are harassed.

The petition was filed in the aftermath of the arrest of two teenagers in Mumbai's Palghar, who had objected to a statewide strike called by Shiv Sena following the death of party patriarch Bal Thackeray. They were let off after the arrests provoked nationwide outrage and shifted the focus on the IT laws.

It was also alleged that the local police were misusing the laws at the behest of politicians.

After a few more similar arrests, the Union home ministry issued a directive to all state governments that arrests under Section 66 A can only be made with the approval of senior police officers.

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Freedom of Speech Online: Supreme Court Verdict on Section 66A Today

NEW DELHI: In a landmark judgment upholding freedom of expression, the Supreme Court on Tuesday struck down a provision in the cyber law which provides power to arrest a person for posting allegedly "offensive" content on websites.

According to reports, the apex court ruled that the section falls outside Article 19(2), which relates to Freedom of Speech, and thus has to be struck down in its entirety.

Hailing the Supreme Court's decision to strike down the controversial Section 66A of the IT Act, Shreya Singhal, one of the petitioners in the case, on Tuesday said that no one would fear expressing their opinions online anymore.

The first PIL on the issue was filed in 2012 by law student Shreya Singhal, who sought amendment in Section 66A of the Act, after two girls - Shaheen Dhada and Rinu Shrinivasan - were arrested in Palghar in Thane district as one of them posted a comment against the shutdown in Mumbai following Shiv Sena leader Bal Thackeray's death and the other 'liked' it.

READ ALSO: All you need to know about Section 66A of IT Act

Centre defends Section 66A of IT Act

Sec 66A draconian, but is needed: Govt

Class 11 student sent to jail for Facebook post against UP minister Azam Khan

Blog: Repeal section 66A: Law that permits jailing school kid for Facebook post is objectionable and absurd

In the wake of numerous complaints of harassment and arrests, the apex court had on May 16, 2013, come out with an advisory that a person, accused of posting objectionable comments on social networking sites, cannot be arrested without police getting permission from senior officers like IG or DCP.

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Section 66A of IT Act: Timeline

New Delhi: The Supreme Court has scrapped a contentious law that was seen as a major infringement of the freedom of speech online because it allowed the arrest of a person for posting offensive content. Section 66A of the Information Technology Act, has been declared unconstitutional. Describing the law as "vague in its entirety," the judges said, it encroaches upon "the public's right to know."

The law had been challenged first by a law student named Shreya Singhal after two young women were arrested in 2012 for posting comments critical of the total shutdown in Mumbai after the death of Bal Thackeray, the Shiv Sena chief. The group that challenged the law in the Supreme Court expanded to include the NGO Common Cause and Bangladeshi writer Taslima Nasreen.

The contention by most of the petitioners was that Section 66A is vague and allows the police arbitrary interpretation and misuse of the law. The previous government, headed by the Congress, said that the law was necessary to combat abuse and defamation on the internet. The new BJP government also defended the law in court.

Critics of the law said it was misused by political parties to target their opponents and dissidence. A professor in West Bengal was arrested in 2012 for posting a cartoon of Chief Minister Mamata Banerjee, for example.

Section 66A reads: "Any person who sends by any means of a computer resource any information that is grossly offensive or has a menacing character; or any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult shall be punishable with imprisonment for a term which may extend to three years and with fine."

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"Unconstitutional": Supreme Court Scraps Section 66A, Protects Online Freedom of Speech

New Delhi: The end of Section 66A, the controversial law that allowed arrests for offensive content online, marks a big victory for Shreya Singhal, the young law student who was among the first to challenge it in the Supreme Court.

"I am ecstatic. It was grossly offensive to our rights, our freedom of speech and expression and today the Supreme Court has upheld that," Shreya told NDTV moments after the court scrapped the law, agreeing that it is unconstitutional and violates the rights of citizens.

"Nobody should have fear of putting up something because of the fear of going to prison. The court has upheld the rights of all citizens today," she added.

Shreya comes from a family of lawyers; her mother is a Supreme Court lawyer and her grandmother was a judge.

She was 21 when she filed a petition in 2012, after two young women were arrested for posting comments critical of the total shutdown in Mumbai after the death of Bal Thackeray, the Shiv Sena chief.

Shreya says her family encouraged her. "I am also a law student so through my studies also I knew that you can approach the Supreme Court directly," she said, aware that she has achieved, even before becoming a lawyer, what many veterans in the profession haven't.

She spent three years studying astrophysics in the UK before returning to India to apply to law schools. Her attention was drawn to several high-profile arrests of people under Section 66A.

"It is being misused by BJP governments, Congress governments... all over the country. Even when the Congress was in power, it was being misused. Governments have their own political agenda; a law has to be for the people," Shreya said.

The court today had strong words in support of that sentiment as it said, "Governments come and go. We can't act on assurance that Section 66A will not be misused."

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Shreya Singhal, the 24-Year-Old Who Challenged Section 66(A)