The Internet & Mobile Association of India (IAMAI) said that the Supreme Court of India’s landmark judgment to render Section 66(A) of the Information Technology Act unconstitutional will herald a new phase in the growth and evolution of the Internet in India.

"Internet users will be able to use online services without fear of illegal censorship or harassment, and online businesses, ranging from established international companies to small Indian startups, will be able to take advantage of a more conducive business environment," said the industry body, representing companies such as Google and Facebook.

Terming it as a momentous victory for the 302 million strong Internet users in India, the IMAI said the Supreme Court of India has also “read down” Section 79(3)(b) of the Information Technology Act.

Now, in the read down version a take down of posts, comments are only possible, subject to court order or a government order and the reference to “unlawful” in the provision has been circumscribed by Article 19(2) of Constitution of India.

Subho Ray, President, IAMAI, said, “This landmark judgment strengthens the safe harbour provisions for intermediaries contained in the Section 79 of the Information Technology Act. It is especially helpful to smaller companies like Mouthshut.com who will now not be harassed by the frivolous and mal-intentioned notices of the take down. Both the judgment together will ensure Internet freedom for users and freedom of doing business on part of intermediaries, thereby ensuring more innovation and investments in the Indian Internet sector.”

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