SC’s verdict on offensive content today

SC to announce today verdict on validity of section 66 A of IT Act pertaining to offensive content on Internet

The Supreme Court, SC, 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 26th reserved its judgment after Government concluded its arguments contending that section 66A of the Information Technology Act,IT 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, who sought amendment in Section 66A of the Act, after two girls 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 Inspector General 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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