Section 66A and What was the Fuss About?

Recently when Supreme Court struck off the Section 66A from the books of law, amendment done in 2008, what does it mean for IT industry now?

Fundamental right to freedom of speech and expression was given to citizens of India from the day it became a republic. However, with advent of technology terms like ‘offensive’ or ‘hate speech’ became vague as matters like understanding of a subject and interpretation are contentious in nature. Also as the gravity of internet was realized cyber law became a need and we saw the inception of Information and technology Act 2000.

What does it mean?

It was the first step towards making cyber laws in India. It was meant to regulate e-commerce initially. However, the Act was amended in 2008 wherein section 66A became a part of the law. Interestingly, then it was passed without any opposition from both houses with a view to protect women from cyber crime and protect individuals from trans-border defamation.

The amendment made punishable any information which is grossly offensive or causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will — sent through a computer resource or communication device with imprisonment up to three years.

This led to stream of arrests across the length and breadth of nation specially in the name of sedition. In the year 2012 two girls from Maharashtra were arrested for posting on Mumbai Bandh on Bal Thackery’s demise, Aseem Trivedi was posting a cartoon online followed by arrest of a Jadavpur University professor who shared a Trinamool cartoon online. Besides these popular cases arrests are a constant in rural and conflict zones of India in the name of law.

So, it was finally in 2012 that a DU law student, Shreya Singhal who filed a Public Interest Litigation (PIL) against s.66A.  After almost three years of struggle the effort paid off.

According to Nasscom, the landmark ruling upholds the fundamental right to freedom of speech and expression given under the Constitution of India. Expressing his views on the development, 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.

Industry’s view

Nation breathed a sigh of relief when the s.66A was struck off. Rajkumar Jain, Business Automation said, “Freedom of speech has been restored to Indian Netizens. A great verdict by the Apex Court, I am relieved that my kids won’t be arrested for criticism of the government online.”

“Freedom of speech unchained from clutches of politicians who used draconian provisions and ambiguous wording to silence their detractors and instil fear; a step towards free society from society that has no voice and no forum to voice its angst. In fact, we should also have public places on lines of Speaker’s Corner in Hyde Park London where anyone can speak publicly without fear of archaic laws, corrupt authorities and slimy politicians,” Kshitij M Kotak, Fortue Grecells

What remains at the end?

History is a concrete evidence of how Information and communication technology has contributed immensely in shaping the world today whether it is about Nazi propaganda or Jewsish broadcasts while fighting for the land promised or the US’s role in UN’s decision on dissemination of information.

The question at heart is how will government strike balance between freedom of speech and expression by controlling miscreants simultaneously? How will it monitor the misuse of law?

The answer is not easy, as matters like such are always contentious in nature and IT is at the brink of it. With every change in IT Act 2000 it is the entire multimillion dollar Indian IT industry that suffers. Recently when government blocked sites like vimeo and many more, which included open source software websites, in the name of protection from terrorist activities led to huge criticism of the government policies.