Section 66A of IT Act Squashed: Citizens can still be arrested for online posts

NEW DELHI: The Supreme Court’s decision to strike down Section 66A of I-T Act may infuse social network site addicts with a sense of unrestricted freedom of expression, but it is a deja vu situation for them as indiscrete postings in social network sites could still invite arrest under similar provisions of Indian Penal Code.

Section 153 and 153A provides for registration of a case against a person who gives a statement either in writing or orally that incites communal riots or provokes communal tension and enmity between communities. IT is punishable with imprisonment from 6 months to one year with fine. Section 505 punishes persons who spread rumour through their statement to cause public disorder with an imprisonment up to 3 years.

Section 66A was not part of the original I-T Act enacted during NDA government in 2000. The UPA government had amended the Act in 2009 and brought Section 66A into force October 27, 2009. At that time Veerappa Moily was the law minister and A Raja was the minister for information technology. Kapil Sibal succeeded Raja as I-T minister.

After the uproar over the arrest of two girls in Palghar, Sibal had issued an advisory to all state governments that no arrest under Section 66A could be made by police unless the concerned Superintendent of Police issued an order in writing.

Sibal too welcomed the apex court judgment.He said pure free speech ideally should not attract the provisions of the IPC even if it is severest criticism of the political leaders. However, if the free speech has an intention to cause public disorder, communal disharmony and inimically affect national integrity and friendly relations with other countries, then the rigour of IPC provisions kick in, he cautioned.

“The challenge before the country now is the discretion provided to the Police in registering a case under IPC provisions branding a statement offensive under Sections 153 and 505 of IPC. The distinction between a pure free speech from offensive statements by the police is the challenge. And it is this discretion with police that is often misused,” he said.

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Source:Timesofindia