Sunday, December 2, 2012

Why Amend 66A of Information Technology Act?

Why Amend 66A IT Act

By: Nitish Banka 
on 30 November 2012

The IT act came into existence to protect the users from the crime related to electronic space, we know that India is a IT hub and a largest democratic country, That's why we need IT laws .But Laws don't keep pace with technology.

 

And at one point of time the technology surpasses and comes above the law, when this happens then the need to amend the law arises. This is what happened with the 66A IT act.

 

Let us first look at it what is 66A:

 

*[66A. Punishment for sending offensive messages through communication service, etc..- 

 

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 makes 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.


Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

 

The analysis of the current IT act gives an Idea that the 66A IT act is vague it talks about the information but how it gets transmitted to other person this is not mentioned as in the year 2000 there was only one way to transmit information i.e. through E-mails or may through few websites but the concept of blogging or "free speech" was not there at that time. Because information through speech is different than other form of information. For example-: we have Article 14 for freedom of speech but for intimidating someone with information passed through messages does not come under freedom of speech.

 

The 66A IT act certainly needs to be amended as IT act was passed in year 2000 at that time there was no concept of social media, the 66A act was intended to cover only email messages ,the messages of email cannot be compared with that of post on social media. The email messages are personal in nature and is generally intended to single person, But in social media you have an audience and the case of posting on the wall certainly comes under freedom of speech,  so the posting on the facebook wall must be equated with article 14, and same limitation must be applied to it rather than treating it as a message. So with current technological advancement there certainly need to amend the IT laws.

 

Courtesy_


Also read the related stories

Supreme Court to examine Section 66A of IT Act

PTI

NEW DELHI, November 29, 2012

Voicing concern over recent incidents of people being arrested for posting alleged offensive messages on websites, the Supreme Court on Thursday agreed to hear a PIL seeking amendment to the Information Technology Act.

A bench headed by Chief Justice Altamas Kabir said that it was considering to take suo motu cognisance of recent incidents and wondered why nobody had so far challenged the particular provision of the IT Act.

Taking the case on urgent basis, the bench agreed to hear the PIL filed by a Delhi student Shreya Singhal later on Thursday.

Shreya has contended in her plea that "the phraseology of Section 66A of the IT Act, 2000 is so wide and vague and incapable of being judged on objective standards, that it is susceptible to wanton abuse and hence falls foul of Article 14, 19 (1)(a) and Article 21 of the Constitution."

She has submitted that "unless there is judicial sanction as a prerequisite to the setting into motion the criminal law with respect to freedom of speech and expression, the law as it stands is highly susceptible to abuse and for muzzling free speech in the country."

The arrests which have been referred to by Shreya in her petition include that of a 21-year-old girl for questioning on Facebook the shutdown in Mumbai after Shiv Sena leader Bal Thackeray's death, which was 'liked' and shared by her friend, who was also arrested.

Shreya has also referred to an April 2012 incident, when a professor of chemistry from Jadavpur University in West Bengal, Ambikesh Mahapatra, was arrested for posting a cartoon concerning a political figure on social networking sites.

She has also referred to the arrest of businessman Ravi Srinivasan in October 2012 by the Puducherry Police for having made a allegation on twitter against a politician from Tamil Nadu as well as the May 2012 arrests of two Air India employees, V Jaganatharao and Mayank Sharma, by the Mumbai Police under the IT Act for posting content of Facebook and Orkut against a trade union leader and some politicians.

Shreya in her plea has also sought issue of guidelines, by the apex court, to "reconcile section 41 and 156 (1) of the Criminal Procedure Code with Article 19 (1)(a) of the Constitution" and that offences under the Indian penal Code and any other legislation if they involve the freedom of speech and expression be treated as a non-cognizable offence for the purposes of Section 41 and Section 156 (1).

Section 41 of the CrPC empowers the police to arrest any person without an order from the magistrate and without a warrant in the event that the offence involved is a cognizable offence. Section 156 (1) empowers the investigation by the police into a cognizable offence without an order of a magistrate.

Courtesy_

1 comment:

  1. This sor of IT act very important to control the unnecessory things and it will secure the user to use the internet free of mind.In social media this things really matter becaouse technology reviews anything you want you can post it on the wall so you raise very well points. Thank you to talk in this topic.

    ReplyDelete

Related Posts Plugin for WordPress, Blogger...

Search our Blog here

Google
 

Compiled by

Disclaimer


This Blog Spot is meant for publishing landmark judgments pronounced by the Court of law as we collected from the renowned Dailies, Magazines, etc., so as to create an awareness to the general public and also to keep it as a ready reckoner by them. As such the readers may extend their gratitude towards the Original Author as we quoted at the bottom of each Post under the title "Courtesy/Sources". Furthermore, the Blog Authors are no way responsible for the correctness of the materials published herein and the readers may verify the concerned valuable sources.



Followers

Dinamalar | Court News Feed

Dinakaran | Crime News Feed

Labels

Madras High Court (226) supreme court (157) Supreme Court (94) Madurai Bench (60) Advocate (44) High Court (44) tamil nadu (42) Indian Kanoon (41) Delhi High Court (37) Education (31) Divorce (30) Pondicherry (30) Husband (28) Wife (28) consumer forum (23) Lawyers (22) Cr.P.C. (20) Maintenance (20) police (20) Consumer (19) 2013 (16) Judges (16) article (16) the hindu (16) Matrimonial case (15) Hindu Marriage Act (14) Bank (13) Cruelty (13) IPC (13) karnataka high court (13) AIADMK (12) Compensation (12) Criminal cases (12) Jayalalithaa (12) dmk (12) Bar Council of India (11) CJI (11) School (11) Woman (11) election (11) Accident cases (10) Child (10) Kerala High Court (10) Marriage (10) dinamani (10) election commission (10) insurance (10) medical (10) Labour cases (9) MV ACT CASES (9) Madurai (9) Mobile Phone (9) doctors (9) evidence (9) pil (9) tamil nadu bar council (9) tax (9) taxation (9) Cell Phone (8) Examination (8) Frontline (8) Loans (8) Magistrate (8) Rent Control Act (8) State Consumer Disputes Redressal Commission (8) Allahabad high court (7) Bar Council (7) Constitution (7) Domestic Violence Act (7) Gujarat High Court (7) Negligence (7) Reservation Quota (7) Tenant Landlord (7) bombay high court (7) court (7) new delhi (7) 2012 (6) Andhra Pradesh High Court (6) Civil Judge (6) Complaint (6) Consumer National Commission (6) Dowry (6) Employee (6) Justice G. Rajasuria (6) Muslims (6) Notification (6) Railway (6) USA (6) arbitration (6) compassionate (6) madras (6) rape (6) rulings (6) sex (6) Airlines (5) Andhra Pradesh (5) College (5) Delay (5) Employer (5) FIR (5) Judgment (5) Karunanidhi (5) Labour Court (5) Madras Family Court (5) Mumbai High Court (5) Negotiable Instruments Act (5) President (5) Rajiv Gandhi (5) Recruitment (5) Sethusamudram ship canal (5) Student (5) TRAI (5) advertisement (5) appointment (5) deficiency of service (5) editorial (5) fined (5) 2014 (4) BSNL (4) Bigamy (4) CBI (4) Chief Minister of Pondicherry (4) Chief Minister of Tamil Nadu (4) Civil Matters (4) Commissioner of Police (4) Corruption (4) Daughter (4) Death penalty (4) Father (4) Fees (4) Foreigners Act (4) Gazette (4) Hindu (4) Hindu Adoption and Maintenance Act (4) Hospitals (4) Judiciary (4) Justice G.Rajasuria (4) Life Imprisonment (4) Matrimonial House (4) Ministry of Law (4) Minor Child (4) Parents (4) Private Schools (4) RTI Act (4) Ram Sethu project (4) Sexual exploitation (4) Suspension (4) Teachers (4) Tenant (4) Transfer (4) contempt (4) delhi (4) hindustan times (4) karnataka (4) pmk (4) registration department (4) times of india (4) us (4) Actor (3) Adoption (3) Aircraft (3) Assassination (3) Ban (3) Bank Cases (3) CJ (3) Calcutta High Court (3) Cheque (3) Cheque Dishonour Cases (3) Computer (3) Copyright (3) Court Fees (3) Dinakaran (3) Disqualification (3) Electricity (3) Encroachers (3) Eviction (3) Full Bench Decision (3) HC Advocate Karunanidhi.R (3) Human Rights (3) Human Rights Commission (3) IT Act (3) Income Tax (3) Justice Ashok Kumar (3) Landlord (3) Law Firms (3) Limitation Act (3) Medicos (3) Motor Vehicle (3) Murder case (3) Muslim (3) NDNC (3) Panchayats Act (3) Patent (3) Prisoner (3) Proterty Act (3) Public Property (3) Punishment (3) RTE Act (3) Ragging (3) Salaries (3) Selection (3) Smoking (3) Strikes (3) Subramanian Swamy (3) Telephone (3) Theft (3) Villupuram (3) Websites (3) Wikipedia (3) Witness (3) Woman Lawyers (3) Workman (3) Youtube (3) girl (3) helmet (3) parliament (3) software (3) stamp act (3) 2007 (2) 5-Judges Bench (2) 99th Constitutional Amendment (2) Aadhaar Card (2) Abortion (2) Absence (2) Acquittal (2) Agitating (2) Agriculture (2) Airport (2) Airtel (2) Amendments (2) Apple (2) Arrest (2) Assault (2) BCCI (2) BCI (2) Britain (2) CBSE (2) CIC (2) CNN IBN (2) CPC (2) CTC (2) Chenai Corporation (2) Child Marriage Act (2) Child Witness (2) Cigarette (2) Citizenship (2) Code of Civil procedure (2) Coimbatore (2) Collector (2) Collegium systems (2) Companies Act (2) Complainant (2) Congress (2) Constitution Bench (2) Cr.P.C (2) Credit Card (2) DNA Test (2) Damages (2) Date of Birth (2) Dayanidhi Maran (2) District Judges (2) Driving Licence (2) Drugs (2) EVMs (2) Enrolment (2) Evening Court (2) Exam Marks (2) Eye-witness (2) Family (2) Family Court (2) Foreign Law Firms (2) Freedom Fighters (2) Fundamental Rights (2) Google (2) Governors (2) Grave crimes (2) Habeas Corpus (2) Haldiram (2) Health Ministry (2) High Courts (2) Himachal Pradesh High Court (2) ICICI (2) ID Act (2) Impeachment (2) Inspector General of Registration (2) Inter-caste (2) Interest (2) Interim Injunction (2) Interim Orders (2) International Arbitration (2) International Court of Justice (2) Internet (2) Job (2) Justice (2) Justice A.K.Ganguly (2) Justice Dinakaran (2) LPG (2) LTTE (2) Law Commission (2) Law Department (2) Lok Adalat (2) MPs (2) Madhya Pradesh High Court (2) Maharashtra (2) Mark Sheets (2) Medi-claim (2) Men (2) Microsoft (2) Municipal Post (2) Municipal Waste (2) Municipality (2) NJAC (2) Nagapattinam (2) Nalini (2) National Highways (2) Nuke Deal (2) Obscenity (2) PTI (2) Patient (2) Patna High Court (2) Penalty (2) Pension (2) Police Reforms Committee (2) Poll freebies (2) Pregnant (2) Prevention of Corruption Act (2) Prime Minister (2) Property (2) Public Meetings (2) Punjab High Court (2) Punjab and Haryana High Court (2) RBI (2) Registrar (2) Registration Act (2) Release (2) Reserve Bank of India (2) Retired benefits (2) Review (2) Rigorous imprisonment (2) Road (2) SBI (2) SC/ST (2) SHRC (2) Samacheer Kalvi (2) Sanjay Dutt (2) Self-defence (2) Sikkim (2) Sonia Gandhi (2) State Bar Concil (2) State Govts. (2) TADA (2) TNEB (2) Tamil New Year Act (2) Temples (2) Tobacco firms (2) Trafficking (2) University (2) Video (2) Vigilance (2) Vodafone (2) Wages (2) Water (2) West Bengal (2) Woman Judges (2) backlog of cases (2) bail (2) customs duty (2) laptops (2) legislature (2) practitioners (2) service (2) service tax (2) sessions judge (2) tiruchi (2) 100 RUPEE (1) 11 weeks imprisonment (1) 18 Years (1) 2001 (1) 2006 (1) 2009 (1) 2011 (1) 2015 (1) 2016 (1) 5 Judges Bench (1) 6th Pay Scale (1) AIIMS (1) Aadal Paadal (1) Aadhar Card (1) Abuse (1) Accountable (1) Act (1) Adjournments (1) Adverse possession (1) Advocate Cyril Mathias Vincent (1) Advocate M.Kumaran (1) Advocate M.S.Maruthupandiyan (1) Advocate P.S.Amalraj (1) Advocates' Welfare Fund Act (1) Agreement (1) Air India (1) Alien Species (1) Allahabad (1) Allergy (1) Allopathy (1) Amusement parks (1) Anbumani Ramadoss (1) Answer Sheets (1) Apartments (1) Appearance (1) Arguments (1) Arrears (1) Arunachal Pradesh (1) Ashok Kumar (1) Assembly Speaker (1) Assets case (1) Association (1) Attendance (1) Attention Please (1) Auditors (1) Australia (1) Autopsy (1) Ayodhya (1) BJP (1) Babri Masjid (1) Baby (1) Baggage missing (1) Bank Account (1) Banners (1) Bar Association (1) Bar Council of Tamil Nadu (1) Batco Roadways' case (1) Bhavani Singh (1) Bhopal gas tragedy (1) Bhullar's mercy plea (1) Big TV (1) Bihar (1) Bihar Prohibition Act (1) Bill (1) Biscuits (1) Black Sea (1) Bofors case (1) Bonus (1) Boycott (1) Brain-mapping (1) Brothers (1) Burqa (1) Buses (1) Business Line (1) Bye-laws (1) CAT (1) CEC (1) CITY CIVIL COURT (1) CTV (1) Calcutta (1) Cambodian (1) Camera (1) Canada (1) Cargo Ship (1) Caste (1) Cauvery (1) Cauvery Tribunal Award (1) Censor Board (1) Central Crime Branch (1) Certificates (1) Chennai (South) Forum (1) Chhattisgarh State Bar Council (1) Chief Judicial Magistrate (1) Chief Justices of India (1) Christian (1) Civic Election (1) Civic Elections (1) Common facilities Block (1) Commonwealth Games Panel (1) Communal harmony (1) Compounding Offences (1) Condoms (1) Contract labour (1) Conversion Formula (1) Cooperative Societies (1) Copying (1) Corporation (1) Cosmetic (1) Costumes (1) Court Buildings (1) Creche (1) Cricket (1) Criminalisation (1) Culcutta High Court (1) Current Tamil Nadu Cases (1) Custodial death (1) DGP (1) DK (1) DMDK (1) DRT (1) Dalits (1) Dasavatharam (1) Daughter-in-law (1) Death (1) Debarring (1) Deccan (1) Defamation (1) Defaulters (1) Degree (1) Departmental Enquiry (1) Derogatory remarks (1) Desertion (1) Designation (1) Destruction (1) Detergent Soap (1) Dharmapuri (1) Directory (1) Disabled person (1) Disconnection (1) Dispensary (1) Don Bosco Matriculation School (1) Don Bosco School (1) Download Links (1) Dozing (1) Dr.Ramadoss (1) Dress Code (1) Driver (1) Drunk driving (1) Dying Declaration (1) EPIC (1) ESI Act (1) EU (1) Education Department (1) Education Loan (1) Elevation (1) Emergency (1) Employment (1) Engineering College (1) Enquiry (1) Entertainment tax (1) Environment (1) European Court (1) Events to Remember (1) Exam Cheaters (1) Exit Polls (1) Experts Committee (1) Expulsion (1) Facebook (1) Fair Criticism (1) False (1) Fat (1) Father's identity (1) Father-in-law (1) Film (1) Fire (1) Flats (1) Flexi Boards (1) Food (1) Framing of Charges (1) France (1) French Civil Code (1) French Regime (1) Fringe Benefit Tax (1) Frivolous Petition (1) GOs (1) Garments (1) Gauhati HC (1) Gender Bias (1) Gingee Court (1) Gingee-TV Malai NH (1) Girlfriend (1) Goa (1) Gondas (1) Goods (1) Goons (1) Government Offices (1) Government Officials (1) Govt. Servants' Conduct Rules (1) Govt. sites (1) Grandchildren (1) Gratuity (1) Green Card (1) Guardian (1) Gubernatorial (1) Gudalur Janmam Estates (1) Guidelines (1) Guilty (1) HC Calendar (1) HIV Patient (1) HRCE Act (1) Hamam Soap (1) Handcuff (1) Haryana (1) Hawkers (1) Heroin (1) Hewlett Packard (1) High Court Bench for Pondicherry (1) Highways (1) Hindu Religious and Charitable Endowment (1) Hindu Succession Act (1) Hindus (1) Hindustan Lever Limited (1) Hindustan Unilever Limited (1) Hoardings (1) Holiday Court (1) Holidays (1) Hostel (1) Hutchison Essar (1) Hyderabad (1) ICJ (1) ICSE (1) IMDT Act (1) IPL (1) IT Tax Tribunal (1) Identity Cards (1) Illegitimate (1) Images (1) Immoral (1) Impotent (1) Imprisonment (1) Incest (1) Infiltrators (1) Interest rates (1) Interview (1) Invalid (1) Investigation (1) Invitation (1) Jammu and Kashmir (1) Jats Reservation (1) Jharkhand (1) Journal Section (1) Judicial Discretion (1) Judicial Officers (1) Judicial Staffs (1) Junction (1) Justice A.P.Shah (1) Justice Bhagwati (1) Justice F.M.Ibrahim Kalifulla (1) Justice G Rajasuriya (1) Justice P.Sathasivam (1) Justice Rajasuriya (1) Juvenile Justice Board (1) K.R.Narayanan (1) K.Veeramani (1) KFC (1) Kabil Sibal (1) Kachatheevu (1) Karaikal (1) Katchativu case (1) Kathi (1) Kerala (1) Kerla (1) Khushboo (1) Kidney (1) Kingfisher (1) Kodak (1) LIC (1) Lakes (1) Land Owners (1) Larger Bench (1) Laundry (1) Law College (1) Lawyer Notice (1) Leave (1) Legal Practitioners Act 2010 (1) Leprosy Patient (1) License Fees (1) Lift (1) Links (1) Live-in-relationship (1) Local Bodies (1) Lok Sabha (1) MCOCA (1) MLAs (1) MNC (1) Malaria (1) Malaysian Airlines (1) Malpractice (1) Mangalore Express (1) Manupatra (1) Marriage Registration Certificates (1) Married (1) Mediation (1) Medical College issue (1) Meghalaya (1) Mercy Petition (1) Mizoram (1) Mobile Court (1) Money Lending licence (1) Mosquito Bite (1) Mother (1) Movies (1) Mutual Consent (1) NDPS Act (1) NDTV (1) NH 31A (1) NHRCs (1) NI Act (1) NOTA (1) NPT (1) NRI (1) NSA Act (1) Nagaland (1) Nallathambi (1) Narco Analysis (1) National Taxation Tribunal (1) Natural Justice (1) Navarasu murder case (1) Negative Voting (1) Nepal (1) News Today (1) Nivedita Sharma (1) No-confidence motion (1) Non-Karnataka Vehicles (1) Non-signatory (1) None of the Above (1) Norms (1) North Carolina (1) Notary Public (1) Notifications (1) Nursing College (1) Office Bearers (1) Official Language (1) Oil Companies (1) Online (1) Oral (1) Ordinance (1) Origin (1) Orissa High Court (1) PBA (1) PD Act (1) PEC (1) PF (1) PHCs (1) PIB (1) PNDT Act (1) PTO (1) Panorama view (1) Parle Marie (1) Partnership (1) Paternity (1) Patta (1) Pending case (1) Pondicherry Code (1) Pondicherry Courts (1) Pondicherry Engineering College (1) Pondicherry University (1) Port (1) Possession (1) Post Office (1) Posters (1) Postmortem (1) Power (1) Power of Attorney (1) Prabha Sridevan (1) Preamble (1) Premarital sex (1) Press Trust of India (1) Prestige (1) Presumption of Death (1) Prisoners (1) Private (1) Private Defence (1) Prize Draw Contest (1) Profession (1) Profile (1) Promotion (1) Prosecution (1) Protest (1) Provident Fund (1) Public Prosecutor (1) Puducherry Code (1) Pulipaarvai (1) Quash (1) Quattrocchi (1) Quick Links (1) RCOP (1) RDBFI Act (1) RIM (1) RPF (1) Railway Budget (1) Railway Tribunal (1) Railways Act (1) Rajasthan High Court (1) Rajasuria (1) Rajeswari case (1) Rajya Sabha (1) Re-name (1) Recovery (1) Refund (1) Regional SC Bench (1) Registration (1) Regulations (1) Reinstatement (1) Relatives (1) Reliance (1) Religion (1) Religious Functions (1) Remanding (1) Removal (1) Rename (1) Repeal of Local Laws (1) Resident (1) Respondent (1) Retired Judges (1) Retired Staffs (1) Revaluation (1) Rexona Soap (1) Right to Information Act (1) Right to Sleep (1) Rin (1) Romania (1) Rural (1) SMS (1) SPP (1) Sachar Commission (1) Safai Karamchari Andolan case (1) Sale (1) Sanction (1) Saree (1) Satta Padhukappu (1) Scam (1) Secretary (1) Section 102 CPC (1) Section 125(3) (1) Section 66A (1) Sections 499 and 500 (1) Security (1) Senior Advocate (1) Septic Tank (1) Serials (1) Service matters (1) Settlement (1) Sewerage works (1) Shankaracharya case (1) Sheristadar (1) Ship (1) Shivaji Ganesan Statue (1) Sivaji Ganesan Statue (1) Sleeping (1) Soap (1) Son (1) Special Marriages Act (1) Sri Lanka (1) Sri Lanka Supreme Court (1) Sri Meenakshi Sundareswarar Temple (1) Suicide (1) Sukanya (1) Surgery (1) Syllabus (1) TNPSC (1) TV (1) Tamil Links (1) Telecom (1) Telegraph Act (1) Thanthai Periyar (1) Third Party (1) Thirukural (1) Thirunelveli (1) Ticket Bookings (1) Ticket less Journey (1) Tide (1) Time-barred matters (1) Title suit (1) Toronto (1) Trademarks (1) Traffic (1) Transfer Certificate (1) Transport Authority (1) Travels Agent (1) Trees (1) Tripurar (1) Turban law (1) USE Act (1) Ukraine (1) Unauthorised layouts (1) Unauthorised plots (1) Unconstitutional (1) Union Carbide Corporation (1) Union Minister (1) Universities (1) Unruly Advocates (1) Unwed mother (1) Uttarakhand (1) Uttaranchal (1) VAO (1) VRS (1) Vacuum Cleaner (1) Vakalat (1) Vaseline (1) Verbal (1) Video Poker (1) Video-conferencing (1) Vijayakant (1) Visa (1) Voters (1) Voting (1) Wakf (1) Watchman (1) Who's Who (1) Widow (1) Will (1) Word (1) Workmen Compensation Act (1) Wrong Provision (1) Yahoo (1) architects (1) azhagiri (1) british airways (1) churidar (1) deccan herald (1) delh (1) double taxation (1) e-Library (1) eBay (1) eCourt (1) ebc (1) farmers loan waiver (1) germany citizen (1) guideline value (1) guruvayur devaswom (1) hMatrimonial case (1) india (1) law and order (1) nawaz sharif (1) pakistan (1) pakistan supreme court (1) practical lawyer (1) pratiba (1) promise (1) rules (1) sand mining (1) southern districts (1) uk (1) warrants for cash scam (1) தி இந்து (1) தூக்கம் (1)