Victory for free speech as apex court hits delete button on Section 66A

In a major victory for Internet users in the country, the Supreme Court has struck down the controversial Section 66A of the Information Technology Act, which dealt with posts and comments on online platforms.

On Tuesday, the Court held the Section to be unconstitutional and a violation of the guarantee of free speech under Article 19 (1) (a) of the Constitution; it said that if the law was allowed to stand, it would have a chilling effect on free speech. The impugned Section made it an offence to send electronic communication that is “grossly offensive” or made for the purpose of causing “annoyance” and “inconvenience”

Section 66A, which was notified in 2009, has generated controversy with the police and other government agencies accused of using it to muzzle dissent and stop citizens from posting content on social media sites. For example, in 2012, the Puducherry police had charged businessman Ravi Srinivasan for tweeting against then Union Minister P Chidambaram’s son Karti Chidambaram.

The apex court said the Section was vague, leaving it open to wrongful interpretation.

“Every expression used is nebulous in meaning. What may be offensive to one may not be offensive to another. What may cause annoyance or inconvenience to one may not cause annoyance or inconvenience to another. There is no demarcating line conveyed by any of these expressions — and that is what renders the Section unconstitutionally vague,” the court observed in its order.

When the Solicitor General argued that the Government would ensure that the law was administered in a reasonable manner, the court observed that an assurance from the present Government even if carried out faithfully would not bind any successor Government.

Relief for internet cos The court has also given relief to companies such as Facebook, Twitter and Google on the issue of taking down content uploaded by users. Internet companies will now be required to take down content on their platform only if an aggrieved party gets a court order. This augurs well for online companies as they had been inundated with requests to take down all kinds of content.

The riders The court, however, allowed the Government to block websites if their content had the potential to create a communal disturbance, social disorder or affect India’s relationship with other countries.

Citing rulings by US courts, the Supreme Court said the law failed to make a distinction between discussion, advocacy and incitement.

Internet companies and votaries of online free speech said that the Supreme Court has paved the way for more investments in this space.

“Internet users will be able to use online services without fear of … harassment, and online businesses … will be able to take advantage of a more conducive business environment,” said the Internet & Mobile Association of India, the industry body representing companies such as Google and Facebook.  Communications and IT Minister Ravi Shankar Prasad blamed the UPA Government for the controversy around Section 66A.

“There can be no parallel to our stand on this matter with that of the previous UPA regime. We have in writing confirmed that we stand for freedom of speech and expression, while the previous UPA Government tried to make this law an instrument to curb dissent, satire and anything else which did not suit it,” the Minister said.

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