Supreme Court is already examining legality of Sec 66A of IT Act.

Matter is pending. But no stay is granted on any part of 66A.

I cannot say anything about merits of above case nor I wish to prejudge above case nor do I wish to influence anyone.

But in my view Stay application in above matter need to be debated and some orders need to be passed.

Because, large number of people are using Face Book and Twitter.

There is no guideline except the guideline by Govt that no case will be registered without permission of a high officer.

This is no safeguard. People must be told what they can put on Facebook and Twitter and what they cannot.

Without these guidelines, the Act can be misused to target selected people with oblique motives.

This creates unnecessary concern about freedom of expression.

Let this law be cleared by SC as early as possible as it affects millions of Indians.

Haresh Raichura
5/2/2013

Sec 66A of IT Act is a draconian Act. It reads as under:

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
……..

Please halt here and mark that clause (a) does not use word “Knowingly“. So even if you accidentally retweet an offensive tweet, you can be liable under Sec. 66A(a)

This is draconian law.

I am hopeful that when this section is challenged in Supreme Court it will be struck down or will be read down.

Haresh Raichura
29/11/12