Section 66A set to make softer, milder comeback: ET Report

National security concerns over misuse of social media makes Centre revive law; new provisions have already been drafted

Almost a year after the Supreme Court quashed Section 66A of the Information Technology (IT) Act, a milder and a more specific version of the draconian law is on the verge of being revived, The Economic Times has reported, quoting officials aware of the matter. 

Citing difficulties faced by police and intelligence agencies to tackle cases where social media is misused, the new clause is being is said to be ‘very clear’ and not ‘vague’ and is brought to deal with terror and serious law and order issues, an official quoted in the report said.  

The Centre in April 2015 had set up a committee to bring a ‘clear and better’ version of the law. It was asked to examine the implications of the decision by the apex court and how to restore it with suitable modifications and make it constitutionally compliant, the publication said.

The Recommendations 

The paper then cited a report by the Parliamentary Standing Committee on Home Affairs which recommended a review and amendment of the IT Act in December 2015. 

The panel suggested provisions for spoofing and hate speech to be brought under the law’s ambit. It also suggested changes related to voyeurism, hoax calls, online cheating and permitting investigations by officers below the rank of inspector, the report said.  

The Supreme Court in March 2015 had quashed the controversial Section saying it violated the fundamental right to freedom of expression. The order was based on several PILs which had sought the striking down the Section. 

Controversial Use

The law was said to be misused by authorities to arrest people for ‘objectionable’ posts on social media. 

In October 2012, a Puducherry-based businessman was arrested under Section 66A for posting ‘offensive’ messages against Karti Chidambaram, the son of former Finance Minister P Chidambaram. The accused had posted the messages on three occasions on the micro-blogging site. 

A month later in November 2012, two girls from Palghar area in Maharashtra were arrested for their Facebook post that had questioned Mumbai’s shutdown, following the death of Shiv Sena chief Bal Thackeray. While one of the girls had written those comments, the other was arrested for ‘liking’ the post. 

What was Section 66A?

Any person who sends, by means of a compute resource or a communication device, any information that is grossly offensive or has menacing character; or 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; or 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.