Centre for Internet and Society

India’s Supreme Court strikes down law that led to Facebook arrests

praskrishna — 2015-03-27T00:29:08Z

India’s Supreme Court on Tuesday struck down a provision of a law that made it illegal to spread “offensive messages” on electronic devices and resulted in arrests over posts on Facebook and other social media.

The article by Annie Gowen was published in Washington Post on March 24, 2015. Sunil Abraham is quoted.

In a decision hailed as a victory for free speech, Judge Rohinton Fali Nariman ruled that Section 66A of the Information Technology Act was unconstitutional, writing that the vaguely worded legislation had wrongly swept up innocent people and had a “chilling” effect on free speech in the world’s most populous democracy.

“Section 66A is cast so widely that virtually any opinion on any subject would be covered by it,” the judge wrote. “If it is to withstand the test of constitutionality, the chilling effect on free speech would be total.”

India passed the Information Technology Act in 2000, and an amendment that went into effect in 2009 gave authorities broad powers to arrest those who post content deemed “grossly offensive” or false. The offense was punishable by up to three years in jail and a fine.

Sunil Abraham, the executive director of the Centre for Internet and Society in Bangalore, said that the provision was originally intended to protect citizens from electronic spam but that it was used much more broadly.

“Politicians who didn’t like what people were saying about them used it to crack down on online criticism,” he said.

The section has resulted in more than 20 high-profile arrests, including that of a professor who posted an unflattering cartoon of a state political leader and an artist who drew cartoons lampooning the government and Parliament.

The most well-known was the case of two young women arrested in the western town of Palghar after one of them posted a comment on Facebook that said Mumbai should not have been shut down for the funeral of a famous conservative leader. A friend who merely “liked” the post also was arrested. After much outcry, the two were released on bail and the charges eventually dropped.

The case of the “Palghar Girls” inspired a young law student, Shreya Singhal, to take on the law. Singhal became the chief petitioner for the case, joined by other free speech advocates and an Indian information technology firm.

[When — and where — posting the wrong thing to Facebook can get you arrested]

“It’s a big victory,” Singhal said after the ruling. “The Internet is so far-reaching and so many people use it now, it’s very important for us to protect this right.”

In addition, Singhal and other petitioners had argued that a section of the Information Technology Act that allowed the government to block Web sites containing questionable material also was unconstitutional. The court disagreed, however, saying there was a sufficient review process in place to avoid misuse.

Free speech is enshrined in the Indian constitution but has its limits. Books and movies are often banned or censored out of consideration for the sentiments of religious and minority groups.

Last year, a conservative Hindu group persuaded Penguin India to withdraw a book on Hinduism by Wendy Doniger, a professor of religion at the University of Chicago, from the Indian market. And, more recently, the government halted the planned television debut of a documentary on a 2012 gang rape called “India’s Daughter.”

[India blocks film about 2012 New Delhi rape case]

The government, whose attorney had argued in court that the legislature was in the best position to understand the needs of the people, also welcomed the decision.

“The government is committed to free speech. India is a democratic country, and free flow of ideas should be respected. We do not seek to curtail any rights,” said Ravi Shankar Prasad, the minister of communications and information technology. He cautioned, however, that social media users and platforms should show self-restraint.

In recent years, other nations also have sharply increased monitoring of and crackdowns on Web posts perceived as insulting.

Across the Persian Gulf Arab states, dozens of activists have been arrested for social media posts considered insulting to the countries’ rulers or damaging to the national image. In January 2014, an American national was allowed to leave the United Arab Emirates after serving more than eight months in prison for posting a YouTube video spoofing the UAE’s youth culture.

Brian Murphy in Washington contributed to this report. Picture: (Indranil Mukherjee/AFP/Getty Images)

For more details visit https://cis-india.org/internet-governance/news/washington-post-annie-gowen-march-24-2015-indias-sc-strikes-down-law-that-led-to-fb-arrests

I dare you, I double dare you: Social media celebrates Sec 66A verdict

praskrishna — 2015-03-26T16:33:55Z

Users across social media platforms on Tuesday welcomed the Supreme Court's scrapping of the controversial Section 66A of the Information Technology Act, hailing it as a measure that will strengthen freedom of expression online.

The article by Vishakha Saxena published in the Hindustan Times on March 25, 2015 quotes Pranesh Prakash.

"This is the first SC judgment since the 60s to plainly strike down a law for free expression violation! #66A," tweeted Pranesh Prakash, policy director at the Centre for Internet and Society in Bengaluru.

Prakash, who tweeted "I AM ECSTATIC!!" minutes after the judgement, was one of the most vocal critics of Section 66A - which made offensive comments online punishable with jail terms - and played a key role in creating awareness about freedom of expression.

Apar Gupta, a representative of the People's Union for Civil Liberties (one of the parties that petitioned the Supreme Court against section 66A), also took to Twitter to jubilantly declare victory.

"My TL is a little crazy right now…This decision means a lot to me. Thank you. I am smiling." he posted.

Supreme Court advocate Karuna Nundy, who too represents PUCL, expressed her happiness on Facebook.

The top court struck down the provision, described as draconian by many internet rights activists, describing it as "unconstitutional" and a "restriction on free speech".

Section 66A, incorporated through an amendment of the IT Act in 2009, prohibited the sending of information of a "grossly offensive" or "menacing" nature through communication devices. It was used by several states to arrest people over posts on social media that officials claimed were "seditious" or "communally sensitive".

Discussions on social media against the provision had gained pace hours ahead of the court's ruling. Twitter, in fact, was abuzz as thousands used the hashtag #No66A to voice their opinions.

Reddit, known for being unabashed with opinion and language, wasn’t far behind. The first post announcing the verdict was upvoted 96% and garnered 460 points within four hours.

"Supreme Court zindabad! Now can we abuse Azam Khan without any fear?" commented user Apunebolatumerilaila.

Another user, Indian_galileo, wrote, "FINALLY, SOME SENSE HAS PREVAILED PRAISE THE OVERLORDS AT SC THANK YOU SC THANK YOU VERY VERY MUCH."

For more details visit https://cis-india.org/internet-governance/news/hindustan-times-march-25-2015-vishakha-saxena-i-dare-you-i-double-dare-you

India's section 66A scrapped: Win for free speech

praskrishna — 2015-03-26T16:19:42Z

India's Supreme Court court has struck down a law that made posting "offensive" comments on the internet a crime punishable by a jail term of up to three years. But, for the free speech campaigners, there is more work to do, writes technology writer Prasanto K Roy.

The blog post by Prasanto K. Roy was published by BBC on March 24, 2015. Pranesh Prakash was quoted.

Section 66A, inserted in 2009 into India's Information Technology [IT] Act of 2000, was sweeping and draconian, and was repeatedly abused across the country, say free speech campaigners.

It was challenged in 2012 by a law student, Shreya Singhal, then 21.

She filed a public-interest litigation in the Supreme Court, shortly after the arrest of two girls in Mumbai for a Facebook post criticising the shutdown of the city after a political leader's death.

One of the two girls had merely "liked" the post.

Earlier in the same year, a businessman in south India was arrested for tweeting that a politician had amassed much wealth.

A professor at Jadavpur University in Kolkata (formerly Calcutta) was arrested for forwarding a cartoon about West Bengal Chief Minister Mamata Banerjee. Both were charged under Section 66A, among others.

In May 2013, the Supreme Court made arrests under Section 66A tougher - it said an arrest would require the permission of senior law-enforcement officials.

'A victory'

The judgement on Tuesday was read out by Justice RF Nariman, who said Section 66A was unconstitutional and directly affected the public's right to know.

"We have no hesitation in striking it down in its entirety," he said.

The order notes that Section 66A violates an article of the Indian constitution that guarantees freedom of speech and expression.

"This judgement is a victory for anyone and everyone who uses the internet.

"I am ecstatic. It's a complete victory for us, because the Supreme Court struck it down and held it unconstitutional," Ms Singhal told BBC Hindi moments after the court scrapped the law.

Section 66A provided for up to three years in jail for anyone who sent an electronic message that was considered "grossly offensive" or caused "annoyance or inconvenience".

Justice Nariman said such terms were vague, and created a sweeping law that was open to abuse.

The apex court judgement notes that 66A was based substantially on section 66 of the UK Post Office Act of 1953, which made sending offensive or annoying messages by telephone or telegram an offence punishable by up to a month in jail.

That law, last updated in 2003, still retains the terms "annoyance" and "inconvenience".

Section 66A's creation, and much of its implementation, happened on the watch of the Congress party-led political regime that lost to Prime Minister Narendra Modi's BJP government in last year's general election.

Arun Jaitley of the BJP - the current finance minister and former opposition leader - had criticised the law in the upper house of parliament, after it was reported that the government had blocked nearly 300 websites.

Once in power, however, the BJP swung around to defending 66A in the Supreme Court, the government represented by additional solicitor general Tushar Mehta.

Arrests under Section 66A continued into 2015 - last week, a 19-year-old student in Uttar Pradesh was arrested for a Facebook post on a political leader, and spent two days in jail.

Next target

The petitioners and their many supporters, including multiple virtual support groups, are celebrating the order striking down 66A.

But there are concerns about another section - 69A - introduced in the same amendment of 2009, which has been retained.

Section 69A, which was also challenged in Ms Singhal's and others' petitions, allows the government to block online content that "threatens the security of the state" or fulfils other conditions.

Hundreds of websites and web pages have been blocked under 69A, including a government website in 2013.

The apex court's order notes that 69A is a "narrowly drawn provision with several safeguards", and has allowed the section to remain.

Pranesh Prakash of the Centre for Internet and Society says: "The Supreme Court judgement is at its best on 66A, but weaker on 69A."

The free speech campaigners say their work is not yet finished.

For more details visit https://cis-india.org/internet-governance/news/bbc-march-24-2015-indias-section-66-a-scrapped

Live Chat: Win for Free Speech

praskrishna — 2015-03-26T16:07:06Z

Join us for a live chat at 5.30 pm on SC striking down the Section 66A of the IT Act which had permitted the arrest of people for posting "offensive content" on the internet.

The live chat transcript was published in the Hindu on March 24, 2015. Geetha Hariharan participated in the live chat.

In a victory for proponents of free speech, the Supreme Court today struck down Section 66 A of the IT Act, which had permitted the arrest of people for posting “offensive content” on the internet. However, the Court upheld Section 69A, which allows the government to block websites based on a set of rules.

What are your views on this ruling? Join us for a live chat today at 5.30 pm with:

Gautam Bhatia, a practicing lawyer and author of "Offend, shock or disturb: Free Speech under the constitution" forthcoming in OUP.

Geetha Hariharan, a Programme Officer at Centre for Internet and Society, focusing on Internet governance and freedom of expression.

Lawrence Liang, Lawyer and researcher at Alternative Law Forum working on free speech.

and G Ananth Krishnan, Coordinating Editor with The Hindu

The Hindu: Hi all, welcome to the live chat on the Supreme Court's much-celebrated decision to strike down Section 66 A of the IT Act. There are caveats of course: For instance, the Court has upheld Section 69A, which allows the government to block websites based on a set of rules.

5:30

The Hindu: Welcome to Gautam Bhatia, a practicing lawyer and author of "Offend, shock or disturb: Free Speech under the constitution" forthcoming in OUP.

5:31

The Hindu: Geetha Hariharan, a Programme Officer at Centre for Internet and Society, focusing on Internet governance and freedom of expression.