Section 66A of the IT Act 2000

Section 66A of IT Act 2000 Entails

An electronic communication send via computer or a handheld device, that contains 

• Information that is seemingly inappropriate, defaming or offensive towards someone
• An intentional dissemination of false information, that may become a root cause of risk to a third person. The information that can cause reason for injury, instil rivalry or hatred between people, or can be regarded as criminal intimidation, through electronic media such as computer or device
• Mail attachment, mail or any other form of electronic communication

In Simple words Section 66A provided a grievance mechanism against cyberbullying/Stalking and defamation. Section 66A categorized intended to cause harm to a criminal nature and attributed respective punishment and penalties. The Supreme Court’s decision in Shreya Singhal v. Union of India is widely regarded as a watershed decision since it affirmed the right to free expression and invalidated Section 66A of the Information Technology Act, 2000.

Background: 

• The court heard this plea after the arrest of two females in Maharashtra in November 2012 for commenting on certain Facebook postings about a probable Mumbai shut down following the death of the chairman of Shiv Sena, Bal Thackeray
• The arrest sparked criticism and unhappiness with the way Section 66A was used. The court confronted the argument that Section 66A included wide limitations that allowed law enforcement organisations’ arbitrary and inappropriate interpretation and application
• Another significant issue raised by the court was the absence of definitions in the Information Technology Act, 2000, intended to mitigate the provision’s ambiguity
• The petitioner contended that this provision’s width exceeds the permissible “reasonable limits” on free speech and expression. The Supreme Court, after hearing arguments from both parties, struck down the clause in its entirety
• The court determined that the language employed was imprecise, rendering the act null and invalid. Additionally, it was determined that it was capable of seriously affecting freedom of speech and expression

Section 66A, Ambiguity, and Misuse

• Control over social media is critical; limitations on what individuals publish and share are critical. A balance must be struck between giving a right and preventing its exploitation. In 2014, the National Crime Records Bureau (NCRB) reported that 1491 cases under Section 66A, were pending
• The revoke of this clause was necessary because the absence of guiding principles had allowed police authorities extensive authority to judge the validity and seriousness of content-related complaints. Section 66A imposed a sentence of up to three years in prison and a fine for the following
• One of sec 66A features is transmitting any material that is simply insulting or has a threatening tone
• One of sec 66A features is transmitting false information with the intent of causing irritation, difficulty, danger, impediment, insult, harm, criminal intimidation, animosity, hate, or ill will
• One of sec 66A features is transmitting electronic mail/messages with the intent of causing irritation or discomfort to the receiver or to deceive/mislead the recipient

• While some terms, such as ‘annoyance,’ were vague and confusing,(which may cause Sec66A ambiguity) the clause acted as a tool for regulating and controlling incendiary information on social media sites. Receiving derogatory comments on social networking sites can sometimes lead to depression or suicidal thoughts
• On the other hand, similar activities may be justified under the pretence of exercising one’s right to free speech. Given the ongoing growth of internet users in India and the availability of NCRB data, this provision gave a meaningful possibility for victims to seek accessible remedies. While it offered law enforcement authorities far-reaching powers (possible exploitation of Sec 66A), revoked it, removed the people’s ability to a grievance redress mechanism
• Due to a lack of guiding principles, which creates sec 66A misuse as well as sec 66A ambiguity, authorities are unable to distinguish between harmless free speech and destructive remarks. A part of the community may believe that the court overturned this clause without comprehending that the true issues

An argument in favour of Section 66A: 

• While Section 66A has been repealed, legislation to ensure freedom of speech and expression on the internet remains necessary. However, the same should be done on the basis of functional and practical considerations, as was done in Section 66A, but with a lower risk of abuse
• There must be a distinction made between free speech and communication intended to criminally frighten an internet user. While Section 66A no longer exists, Sections 499, 506, and 509 are all applicable provisions under which a complaint based on the sec 66A offences may be filed
• Access to internet available to criminals and a possibility of cyber crimes towards people call for a legislation that protects people from exposure to these risks. A legislation that has clauses of Sec 66A without interfering Rights is the need of the hour
• While Section 66A included certain inconsistencies, it offered an adequate remedy in instances when the cause of objectionable information jeopardised communal/religious peace With Section 66A deemed illegal, real victims are left with no other way than to file a complaint under the Indian Penal Code, 1860
• Given India’s diversity, internet accessibility, and the potential for free speech abuse on political, religious, and communal grounds, There is a need for a less draconian Section 66A. A legislation that provides relief to victims of cyberbullying and stalking while also maintaining fundamental rights
• NCRB reports issued over the previous five years indicate clearly that cybercrime is quickly rising in India. Without Section 66A, the police force has devolved into a toothless tiger. Even if we do not have a 66A, we need a precise and comprehensive provision in its coverage of the issue addressed by 66A. The ball is now in Parliament’s court, and it remains to be seen if any subsequent revisions include a comparable provision

Conclusion

Legislative provisions are prone to abuse and exploitation. The mere possibility of misuse cannot justify repealing a law in its entirety. While we have seen several examples of special legislation displacing general law, the Information Technology Act, 2000 has no redress if a message/post/email is only insulting, not obscene, or sexually explicit.Rather than ruling the whole provision unlawful, it may have been read down and instructions issued for police officers dealing with Section 66A situations.Given the relationship between the right to free expression and the obligation to safeguard one’s reputation, the Shreya Singhal case provided a reasonable chance to establish a viable difference between protecting fundamental rights in cyberspace and its reasonable restriction.