Section 66(A) Of The Information Technology Act Creates Controversy

In the wake of recent events in Maharashtra and the Apex court’s intervention, the Government has issued new guidelines to the states that an officer not below the rank of DCP will decide on filing of cases under section 66A of IT Act. The guidelines have come in the wake of alleged misuse of the section in recent few cases.

The decision came after the Communications & IT Minister Kapil Sibal’s meeting with civil society activists for Internet freedom who had sought clarifications on the definition of section 66A of the IT Act.

According to the new guidelines, police officers at the level of IGP or DCP will have to give prior approval for registration of cases relating to 66 A of the IT Act. The senior officer will also decide whether a complaint needs to be registered under this section or not.

Recently two girls from Palghar, in Maharasthra were arrested citing section 66A of the Act.

Apex Court’s Intervention

The Supreme Court on November 29, 2012 observed that the country was outraged when two young women were arrested in Mumbai recently for posting comments in social networking websites, and decided to examine the constitutional validity of Section 66A of the Information Technology Act.

A Bench comprising Chief Justice Altamas Kabir and Justice J. Chelameswar was responding to a PIL (Public Interest Litigation) filed by 21-year old Delhi-based girl Shreya Singhal. In her PIL, she challenged the constitutional validity of section 66A of the IT Act. PIL filed by said recent events had had a chilling effect on her and crores of other Internet users.

The petitioner contended that the Section was so wide and vague and incapable of being judged on objective standards that it was susceptible to wanton abuse. Contending that it was violative of freedom of speech and expression guaranteed by Article 19 (1) (a) of the Constitution, she wanted it declared unconstitutional, and an interim stay on its operation.

The apex court has sought the government’s view on the act. Presently, the matter is pending with the court.

What Is Section 66 A?

Section 66A of the Information Technology Act, 2000, was inserted vide the Information Technology Amendment Act of December 2008.  This section states:

Any person who sends, by means of a computer resources or a communication device,

1. Any information that is grossly offensive or has menacing character, or
2. Any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, inquiry, criminal intimidation, enmity, hatred or it will, persistently by making use of such computer resource or a communication device; or
3. Any electronic mail or electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to insult the addressee or recipient about the origin of such message, shall be punishable with imprisonment for a term which may extend to three years and with fine.

Explanation: For the purpose of this section, terms “electronic mail” and “electronic 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, image, audio, video and any other electronic record, which may be transmitted with the message.