A READY RECKONER ON SECTION 66-A.

  A READY RECKONER ON SECTION 66-A.


Part A: Section 66A, IT Act. FAQs

What is Section 66A of the IT Act?
Defines the punishment for sending “offensive” messages through any other communication device like a mobile phone or a tablet.
What is the prescribed punishment?
A conviction can fetch a maximum of three years in jail and a fine.

Why is this law considered controversial?
 Definition of what is “offensive” is vague. The word has wide connotations, is open varied interpretations and is subjective.
How did the controversy begin?
The first petition came up in the court following the arrest of two girls in Maharashtra by Thane Police in November 2012 over a Facebook post.
How frequently has 66A been used?

 Most cases of arrest were reported in 2012 but many more have happened since then.
What are the grounds for the challenge?

 a. Challenges extremely wide parameters, which allow whimsical interpretations by agencies.
b. Most of the terms used in the section have not been specifically defined under the Act.
c. That it is a potential tool to gag legitimate freedom of speech.
d. Goes beyond the ambit of “reasonable restrictions” on Constitutional freedom of speech.
What has the court said so far?
a. The Supreme Court accepted the contention that the provision was “very widely drafted.
b. SC agreed it gave arbitrary powers to police officers to make arrests.
c. Nudged by the SC , Centre issued guidelines in January 2013, intended to prevent misuse of the provision.
d. Guidelines mandated only senior police personnel could order arrests under this section.


PART B: SECTION 66A, IT ACT: ALLEGED MISUSE

- March 2015: A class 12 boy arrested for allegedly posting an “objectionable” comment about ruling Samajwadi Party leader on Facebook.
- February, 2013: Sanjay Chaudhary, arrested for posting comments and caricatures of then PM and some other politicians on Facebook.
- April, 2012 -- Jadavpur University professor arrested for forwarding caricatures on WB CM Mamata Banerjee on Facebook
- September, 2012 – Cartoonist Aseem Trivedi arrested for allegedly posting an objectionable cartoon and content on his website.
October, 2012 – An industrialist in Puducherry is arrested for comments on twitter against the son of then Home Minister.
- November, 2012 – Two girls are arrested in Palghar, Maharastra for questioning the shut down of the city after the death of Bal Thackeray .
- November, 2012 – Two Air India employees detained for offensive content posted on a Facebook group against some Congress leaders.
- December, 2012 – A 20 year old man arrested in Rourkela for uploading what policed called were sensitive pictures on his Facebook account.