Tuesday 27 November 2012

SHOULD WE RE-DRAFT OR SCRAP SECTION 66A OF INFORMATION TECHNOLOGY ACT, 2000 - A FEW STRAY THOUGHTS



SHOULD WE REDRAFT OR SCRAP SECTION 66A OF INFORMATION TECHNOLOGY ACT, 2000
A FEW STRAY THOUGHTS

By Anirban Roy, Advocate


1              Written / spoken words are undesirable when they 1. Incite 2. Defame 3. Threaten 4. Abuse. Hence some cases treated as offences u/IPC.

2              IPC Sections at Society Level: 124A deals with Sedition. 153, 153A, 153B & 295A deal with Offences against Public Tranquility/Religion.

3              At an individual level, Section 499 IPC deals with Defamation which is lowering image in esteem of others. Abuse NOT Defamation.


4              Another IPC Section at individual level is 503 for threats given for doing/not doing something. Threat is material. Consequence isn't.

5              Another IPC Section at individual level is 504 for intentional insult made to provoke into committing offence / breaking peace. 

6              As is case with 503, even with 504, offence is complete with intentional insult. Doesn’t matter if the other remains cool as cucumber.

7              Another Section of IPC under heading “Criminal Intimidation, Insult & Annoyance” (YES ANNOYANCE) is 505 dealing with public mischief.

8              Lastly Section 509 IPC deals with words outraging modesty of a woman. Mere abuses not covered under this Section.

9              There are no Sections of IPC dealing with mere abuses, however filthy they may be unless covered by any of the aforesaid cases.

10         Similarly, Contempt Laws aside, IPC DOES NOT TREAT criticism of Government, Courts or Legislature as offences.

11         Most of the IPC Sections dealing with offensive words have been held to be constitutional by #SupremeCourt .

12         Information Technology Act, by way of Section #66A , introduced more offences relating to words used in electronic media in 3 parts.

13         Firstly, Section #66A makes words in electronic media which are “Grossly offensive or has menancing character” an offence.

14         Secondly, Section #66A makes false messages to annoy, intimidate etc an offence. Thirdly sending spam messages is also offence.

15         First two acts sought to be covered under Section #66A are actually covered under IPC. Need to re-enact them is not understood.

16         It was possibly felt that act of person has far greater reach & impact by electronic media. Hence special provision of #66A is needed.

17         Unfortunately however, #66A is loosely worded. Hence effect of #66A more pronounced than intended. Almost anything can be an offence.

18         Mere abuse which was never offence is now offence as is rude joke, sarcastic remark etc. Infact impact on receiver is more relevant.

19         No major difference in mechanism of implementation. Just that, due to vague definition,  scope of misuse is higher than IPC Sections.

20         No civilized society can claim unfettered right to incite, defame & threaten. Even abuse those who cannot take it in stride.

21         There is urgent need to re-draft #66A to meet desired objectives & prevent misuse. There is certainly no case for total scrapping.


Anirban Roy
                                                                             November 27, 2012


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