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Supreme Court to examine Section 66A of IT Act

February 4, 2015 By Leave a Comment

03 Feb 2015: The Supreme Court asserted that it would not wait and examine the law as it stands today even as the Centre said a panel has been set up to review applicability of Section 66A of the Information Technology Act, which empowers the police to make arrests over contentious social posts.

A bench of Justices J Chelameswar and Rohinton F Nariman made it clear to the Centre that it would not wait till the panel decides on the applicability of Section 66A and propose amendments, if any. “We have to judge this statute and the provisions therein as they stand today. We cannot wait for an amendment or the new guidelines that you may propose tomorrow,” said the bench.

The court’s observation came after Additional Solicitor General Tushar Mehta read out from a communication that the panel was now in place to examine Section 66A afresh and come out with suggestions, which may also include amendments in the law.

“Amendments and a totally new legal framework are also being contemplated. It is not that we want to save this provision anyhow. This committee is examining various measures, safeguards and also amendments. The court, if it considers it right, may wait for this committee’s report,” Mehta urged the bench.

The court, however, shot down this suggestion, saying it was not going to wait for any report and that the government should go ahead with its arguments on constitutionality of Section 66A. Mehta, who started the arguments on behalf of the government against a batch of petitions challenging the validity of Section 66A, argued that the law did not seek to curtail anybody’s fundamental right to speech and expression and it rather dealt with instances of cyber crimes.

“Cyber crimes are sought to be curbed under Section 66A. Phrases like annoyance, inconvenience, danger or obstruction, used in Section 66A, have no correlation or connection with any citizen’s freedom of speech and expression. Nobody can file a criminal complaint against anyone for an act that may come under the ambit of these phrases,” argued the ASG.

Mehta maintained that a “grossly offensive” message would be covered under the law and cited an English case to elucidate what would connote a “grossly offensive” message. The bench, however, told Mehta that no such term has been defined under the IT Act, leaving everything to the subjectivity of an individual.

Mehta submitted that he was of the personal opinion that the offence under Section 66A should be made non-cognisable so that no arrest is made before a judge takes a call. The arguments will resume on Wednesday.

See more at: http://indianexpress.com/article/india/india-others/sc-on-it-act-will-examine-section-66a-as-it-stands/#sthash.bpzAqvW5.dpuf

Filed Under: India, Law

Court takes cognizance of defamation plea against Naveen Jindal

January 4, 2013 By Leave a Comment

In a significant development, a Delhi court today took cognisance of Zee News Editor Sudhir Chaudhary’s criminal defamation complaint against Congress MP Naveen Jindal and 16 officials of his firm Jindal Steel and Power Ltd (JSPL).

“The cognisance of offence under section 499 (defamation) read with 34 (common intention) of the IPC is taken… Keeping in view the law laid down in the provisions of CrPC and the judgement of the Delhi High Court, the examination of complainant and his witnesses is being proceeded with.

“Put up for examination of the complainant and his witnesses on oath for January 7,” Metropolitan Magistrate Jay Thareja said.

Meanwhile, Zee Business Editor Samir Ahluwalia too filed a defamation complaint against Jindal today, but in a different court which will decide on January 9 whether to take cognisance of his plea.

Chaudhary, who was granted exemption from personal appearance for today, has alleged in his complaint that Jindal and JSPL officials had made “deliberately false” statements against him with the intention to tarnish his image.

He has said in his complaint that defamatory statements were made in an FIR lodged against him in the alleged Rs 100 crore extortion bid case at a press conference held here.

more @ http://www.indianexpress.com/news/court-takes-cognisance-of-defamation-plea-against-naveen-jindal/1054005/

Filed Under: India, Law, News

Section 66A Information Technology Act

December 5, 2012 By 2 Comments

Sec 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 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.

Filed Under: India, Law

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