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UPSC » Daily News Analysis ‘Shreya Singhal Case & Section 69A of IT Act’ : 22 March

Daily News Analysis ‘Shreya Singhal Case & Section 69A of IT Act’ : 22 March

Table of Content

About Shreya Singhal Case & Section 69A of IT Act:

  • In Shreya Singhal v. Union of India (2015), the Supreme Court struck down Section 66A of the IT Act, which criminalized sending false or offensive information online. 
  • The Court ruled that 66A was unconstitutionally vague, granting the government excessive power to curb freedom of speech.
  • Following this, Section 69A became the primary legal provision for blocking online content. 
  • Unlike 66A, 69A includes safeguards:
    • The Centre can block content only if deemed “necessary” under Article 19(2) of the Constitution, which allows reasonable restrictions on free speech for reasons such as sovereignty, security, public order, or defamation.
    • The government must record its reasons for blocking, ensuring that orders can be challenged in court.
  • Thus, while 66A was struck down for being too broad, 69A remains in force with constitutional limitations and safeguards.

Why in News?

  • Elon Musk-owned X (formerly Twitter) has challenged the Indian government’s use of Section 79(3)(b) of the IT Act, arguing that it bypasses the content moderation safeguards under Section 69A, leading to potential misuse.