In april last year, a local court in telangana sentenced a man by invoking section 66a, ignoring the supreme courts order. The informationtechnology intermediaries guidelines rules. A batch of petitions have alleged that the section tramples upon the fundamental right to freedom of speech and expression, and asked that it be declared unconstitutional. This act was amended in 2008, to make it better equipped, to deal with the increased onslaught of cybercrimes in this century. While it may have been a major relief that the supreme court of india struck down the draconian section 66a of the information technology act it act, this, however, should not be seen as a. Power to authorise to monitor and collect traffic data or information through any computer. Section 66a of information technology act upsc online ias.
The act was amended in 2009 to insert a new section, section 66a which was said to address cases of cyber crime with the advent of. Telecom minister welcomes section 66a judgement, advocates. Union of india is a judgement by a twojudge bench of the supreme court of india in 2015, on the issue of online speech and intermediary liability in india. Breaking down section 66a of the it act the centre for. Pdf on jan 1, 2014, lisa lukose and others published section 66a of information technology act visavis freedom of speech and. Advisory on implementation of section 66a of the information. Welcoming the supreme courts decision to quash section 66a of the information technology it act, 2000, on tuesday, communications and it minister ravi shankar prasad said people in power should. This section had been widely misused by police in various states. The controversial section has long been decried by. Punishment for sending offensive messages through communication service, etc. Section 66a of the information technology act repealed lexology. Section 66a of the information technology act the centre. Pdf section 66a of the information technology act uday. Supreme court issues notice to the centre for continued use of.
Section 69a of the it amendment act, 2008, allows the central government to block content where it believes that this content threatens the security of the state. Update on section 66a of the it act, 2000 technology. Supreme court strikes down section 66a of it act which. The court further held that the section was not saved by virtue of being a reasonable. A batch of petitions have alleged that the section tramples upon the fundamental right to freedom of speech and expression, and asked that it. Download the information technology act, 2000 by pdf online. The supreme court struck down section 66a of the information technology act. So to level the field for both resident and nonresident and also to increase the tax revenue, government introduced section 66a through finance act, 2006. Section 66e in the information technology act, 2000. Notification under itamendment act, 2008 it amendment act 20082.
Section 66c in the information technology act, 2000 74 66c punishment for identity theft. Mar 25, 2015 while it may have been a major relief that the supreme court of india struck down the draconian section 66a of the information technology act it act, this, however, should not be seen as a. The language of section 66a of the amended indian information technology act, 2000 goes far beyond the reasonable restrictions on free speech, as mandated under article 192 of the constitution of india. Power to issue directions for blocking for public access of any information through any computer resource. The act also penalizes various forms of cyber crime. The controversial section has long been decried by activists. Mar 23, 2015 section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to the arrests of many. Download free sample and get upto 30% off on mrprental. The act was amended in 2009 to insert a new section, section 66a which was said to address cases of cyber crime with the advent of technology and the internet. Information technology act 2000 year 2017 judgments. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. Outrage over the use of section 66a of the information technology act to arrest young citizens speaking their minds on social media platforms today pushed the government to.
The supreme court has issued notice in an application filed by peoples union for civil liberties pucl, on the continued use of section 66a of the information technology act. The information technology amendment act, 2008 the. Any person who sends, by means of a computer resource or a communication device. Pdf section 66a of information technology act visavis freedom. Section 66a of finance act, 1994 the reverse charge mechanism.
Jun 03, 2016 so to level the field for both resident and nonresident and also to increase the tax revenue, government introduced section 66a through finance act, 2006. Section 66 a it act information technology act supreme court strikes down sec 66a internet freedom 66a 66a of it act 66 a related government plans to rework it act to meet new challenges, ravi. Dear sirmadam, cyber space is a complex environment resulting from the interaction of people, software, hardware and services on the internet supported by communication technology, devices and connectivity resulting in distribution of information worldwide. Even judges dont seem to know that the section has been read down. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. The court has directed the centre to file a counter affidavit within 4. The main indian act that addresses legal challenges specifically as they relate to the internet is the information technology amendment act, 2008, or for short, the it act. Dec 11, 2012 this act was substantially amended through the information technology amendment act 2008 in 2008. Discussion on section 66a information technology act home. They had suspected its existence for some time, but it was confirmed after a special task force was sent to the uk to study sir timothy bernerslee.
The amended act which received the assent of the president on february 5, 2009, contains section 66a. The case involved the harassment of a minor girl, and sections 67, 67b, of the it act, and section 509 of the ipc. An act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as electronic commerce, which involve the use of alternatives to paperbased methods. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. Various issues related to section 66 a of it act gktoday. The information technology act, 2000 was amended in 2008. We highlight the sections that have the greatest relevance for the internet and democracy. A background to section 66a of the it act, 2000 page 2. Indias information technology act the it act, enacted in 2000, covers several aspects of online and new media technologies in the country, including the security of electronic records and digital signature certificates.
In exercise of the powers conferred by clause zg of subsection 2 of section 87 read with subsection 2 of section 79 of the information technology act, 2000 21 of 2000, the central government hereby makes the following rules, namely. Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and. A few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. Section 66a of the act criminalises the sending of offensive messages through a computer or other communication devices. It was group of petitions, but the first was filed by then law student shreya. Section 66a of the information technology act the centre note. Information technology act, 2000 was amended in 2009 to insert a new section, section 66a which was said to address cases of cyber crime with the advent of technology and the internet.
What section 66 of indias information technology act. Information technology act 2000 ministry of electronics and. The supreme court on tuesday declared section 66a of information technology act as unconstitutional and struck it down. This section is also popularly known as reverse charge mechanism. The supreme court is examining the constitutional validity of section 66a of the amended indian information technology act, 2000. This act was substantially amended through the information technology amendment act 2008 in 2008. Mar 24, 2015 the supreme court is examining the constitutional validity of section 66a of the amended indian information technology act, 2000. Section 66a, information technology act the information technology act was put together after the government of india discovered the internets in the year 2000. This is considered the first case convicted under section 67 of information technology act 2000 in india. Feedback on the draft information technology intermediary guidelines amendment rules, 2018 at the outset we would like to congratulate the ministry of electronics and information technology meity for taking this positive step towards seeking public comments towards an important piece of.
Section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to the arrests of many people for posting content deemed to be allegedly objectionable on the internet. Sections 6, 7 and 8 not to confer right to insist document should be accepted in. For india, being the worlds largest, vibrant democracy, reasonable restrictions on free speech need to be very strictly construed. The supreme court struck down section 66a of the it act in. Between five to six years go to step 9 or every 10 years go to step 10. Section 66a of the amended indian information technology act, 2000 is all about.
Short title and commencement 1 these rules may be called the information. Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Section 66a of the information and technology it act was challenged in the top court by law students, bloggers, writers and rights groups following arrests across the country for statements. Information technology wikipedia india information.
Section 69a and the information technology procedure and safeguards for blocking for access of information by public rules, 2009 authorise the central government to block or order an intermediary such as facebook, youtube or any internet telecom service provider to block access by the public of any content generated, transmitted, stored. The information technology act and intermediary liability in. All you need to know about section 66a of the it act. Advisory implementation of section 66a of the nformation technoloqv act. The supreme court struck down section 66a of the information technology act, 2000, relating to restrictions on online speech, as unconstitutional on grounds of violating the freedom of speech guaranteed under article 191a of the constitution of india. The informationtechnology intermediaries guidelines rules, 2011. Jun 24, 2014 as per section 67 of it act 2000, he has to undergo for 2 years and to pay fine of rs. Section 66a, as introduced by the 2008 amendment, is sought to protect the citizens of india, by providing punishments for. As per section 67 of it act 2000, he has to undergo for 2 years and to pay fine of rs. Mar 25, 2015 welcoming the supreme courts decision to quash section 66a of the information technology it act, 2000, on tuesday, communications and it minister ravi shankar prasad said people in power should. This section was introduced by finance act, 2006 w. Update on section 66a of the it act, 2000 as per the decision of the supreme court dated 24 th march, 2015.
Section 66a of the information technology act repealed. The supreme court has quashed section 66a of the information technology act on tuesday, terming it vague and unconstitutional. Section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to. The accused paid fine amount and he was lodged at central prison, chennai. Mar 24, 2015 the supreme court has quashed section 66a of the information technology act on tuesday, terming it vague and unconstitutional. Two years ago, on 24 march 2015, online speech or communication got a boost as the supreme court declared a draconian provisionsection 66a of the information technology act, 2000 unconstitutional. Life after section 66a of the information technology act. In its petition, pucl had submitted that more than 22 people have been prosecuted under the provision, after it was scrapped by the apex court in 2015. Power to issue directions for interception or monitoring or decryption of any information through any computer resource. 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. For information on keeping your registration active, as well as the optional section 15 filing to enhance the legal strength of your registration, see our video, postregistration issues. This page will be a platform for all the citizens to put their views and suggestions w.
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