Free Speech gets new voice, No More Section 66A

The Supreme Court of India, today, struck down the controversial and spurious Section 66 A of the Information and Technology Act, which allows police to arrest people on the basis of what they post on the internet.

The bench comprising justices J. Chelameswar and R.F. Nariman court said Section 66 A was unconstitutional as it failed two major tests - 

• the clear and present danger test, and 
• the tendency to create public disorder test. 

The court also found fault with the language used in the Section as vague and nebulous saying it doesn't properly define words like 'offensive'.

In a major blow to the anti-free-speech provisions espoused by the Government - the law was enacted by the previous Congress led UPA administration, but was defended equally ferociously by the present BJP led Modi regime - the court said it just not have confidence in the government assurances that the Section won't be misused as any assurance would not bind on successive governments, and the offensive Section 66 A would have to be judged on its own merits.

What we have to keep in mind is the original Public Interest Litigation (PIL) was filed on behalf of the two girls who were arrested for expressing their views in Facebook.  One posted her views on a public shutdown on the death of Shiv Sena leader Bal Thackeray, and another had 'liked' it.

So go forth and comment without fear - only take care of a couple of things.  Keep in mind that striking down of Section 66 A of the IT Act does not mean:

you can slander or defame;

you can post/be really 'offensive' or abusive content;

you can spread rumours, etc.

Be careful in what you post online.  My simple rule is if you post something which you will find offensive or unbearable if said against you, do not post it.

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