Today Supreme Court struck down Section 66A of the Info & Technology Act:- Here We Are Sharing You Latet News About Public’s right to know is directly affected by #Sec66A, says SC. Welcome the SC decision to strike down #Sec66A. We live in a free society & can’t have such draconian laws governing the world of internet. A bench of justices J Chelameswar and R F Nariman had on February 26 reserved its judgement after Government concluded its arguments contending that section 66A of the Information Technology Act cannot be “quashed” merely because of the possibility of its “abuse”.The court said Section 66 A was unconstitutional because it failed two major tests – the clear and present danger test and the tendency to create public disorder test. The court also found the language used in the Section vague and nebulous saying it doesn’t properly define words like ‘offensive’ or even ‘persistent’.
Section 66A of the IT act actually say
“Any person who sends, by means of a computer resource or a communication device,—
(a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages,
shall be punishable with imprisonment for a term which may extend to three years and with fine.”
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