Mar 24, 2015 while the objective behind the 2008 amendment was to prevent the misuse of information technology, particularly through social media, section 66a comes with extremely wide parameters, which allow whimsical interpretations by law enforcement agencies. More info on section 67 of information technology act. Section 66a of the information technology act 2008 archives. Objective of this section was to prevent grossly offensive material from circulating freely on the internet. Supreme court strikes down section 66a of it act which allowed. The supreme court on tuesday declared section 66a of information technology act as unconstitutional and struck it down. Sec 66a of information technology amendment act, 2008 is very much similar to united kingdom law, section 102 whereas in information technology act, 2000 in india has 3 yrs imprisonment and fine. Section 66a of the information technology act note. The case was booked under sections 66a, 67 and 67bcd of the information technology act 2008 and section 509 word, gesture or act intended to insult the modesty of a woman of indian penal. Buy commentary on information technology act book online. Section 66a of the amended indian information technology act, 2000 is all about. Which among following act is not ammended in information technology act 2000. While holding that section 66a of the information technology amendment act, 2008, is unconstitutional and laying down guidelines for online takedowns under the intermediary rules, the court, in shreya singhal vs union of india, has upheld section 69a and the blocking rules framed under it. Section 66a of the information technology act 2008.
The information technology act, 2008 ministry of law, justice and company affairs legislative department new delhi, the 9th june 2000jyaistha 19, 1922 saka the following act of parliament received the assent of the president on the 9th june 2000 and is hereby published for general information. 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. Oct 26, 2018 the information technology act, 2000 also known as ita2000, or the it act is an act of the indian parliament no 21 of 2000 notified on 17 october 2000. Breaking down section 66a of the it act the centre for. Amended act is known as the information technology amendment act, 2008. Whoever, intentionally or knowingly captures, publishes or. 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.
Punishment for sending offensive messages through communication service, etc. Aug 02, 2012 the information technology act, 2000 did not contain any provisions regarding this heinous crime but the amended act in 2008 made it possible by recognising cyber stalking via section 66a. Section 66a of the information technology amendment act, 2008 prohibits the sending of offensive messages though a communication device i. The types of information this covers are offensive messages of a menacing character. This act was substantially amended through the information technology amendment act 2008. Information technology it act, 2000 is the legislation to provide legal recognition for ecommerce and etransactions, to facilitate egovernance, to prevent computer based. Dec 25, 2018 the proposed amendments in the draft of the information technology intermediaries guidelines amendment rules 2018, rule 39 is bound to force social media platforms like whatsapp, facebook and twitter to remain vigil and keep users on their toes before posting or sharing anything that is deemed as unlawful information or content. Dec 11, 2012 this act was substantially amended through the information technology amendment act 2008 in 2008. Section 66 a of the information technology act, 2000 runs as under. In a landmark judgment upholding freedom of expression, the supreme court has struck down section 66a of the amended indian information. Local court invokes annulled sec 66a to convict a man the.
Code, 1860, indian evidence act, 1872, bankers book evidence act, 1891, and reserve bank of india act, 1934 to make them compliant with new technologies. History of information technology act in india information. Any person who sends, by means of a computer resource or a communication device,any information that is. The act also repealed the official secrets act 1951, which the cook islands had inherited from new zealand the law was introduced into the cook islands parliament on 12 february 2008, and passed two days later. All you need to know about section 66a of the it act. Supreme court strikes down section 66a of it act which. The section came in the limelight mostly because of the infamous intermediary guidelines rules, or it rules, which were made under it. With the developing demands, the amendments in the it act 2000 were made and it act 2008amendment was passed finally on 23 rd december 2008. 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. Section 66a of the information technology act is unconstitutional in its. Section 66a dealing with punishment for sending offensive messages, which was. Information technology act ministry of electronics and.
Section 66a of it act is unconstitutional, supreme court rules. Buy commentary on information technology act with rules. Based on theunited nations model law on electronic commerce 1996 uncitral model. The proposed amendments in the draft of the information technology intermediaries guidelines amendment rules 2018, rule 39 is bound to force social media platforms like whatsapp, facebook and twitter to remain vigil and keep users on their toes before posting or sharing anything that is deemed as unlawful information or content. The said act also proposes to amend the indian penal code, 1860, the indian evidence act, 1872, the bankers books evidence act, 1891, the reserve. Mar 24, 2015 section 66 a it act information technology act supreme court strikes down sec 66a internet freedom 66a 66a of it act 66 a also read government plans to rework it act to meet new challenges, ravi. Under section 67 of the information technology act, 2000 an offence is committed by a person who publishes or transmits any material which is lascivious or appeals to the prurient interest. Information technology act 2000 cg competition point. Feb 11, 2017 information technology amendment act 2008 1.
Indian cyber law comprises mainly of information technology act. Section 66a in the information technology act, 2000. Mar 23, 2015 all you need to know about section 66a of the it act. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. The misuse of section 66a of information technology act, 2000 introduced. In an article i wrote, i defended the sedition law. Section 66a is unconstitutional and we have no hesitation in striking it down, said justice r f nariman, reading out the judgement. 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. The supreme court struck down section 66a of the it act in. The blocking rules are distinct from online takedowns. The complaints mention offences under sections 117, 120b, 153, 153a, 153b, 295a, 298, 500, 504, 505, 506 etc of the indian penal code and section 66a of the information technology act, 2000it act. Oct 28, 2017 the information technology act is based on the indian penal code, 1860, the indian evidence act, 1872, the bankers books evidence act, 1891, the reserve bank of india act, 1934, etc. The accused, sanjeev sarkar alias gopal, had created a fake profile of her wife and posted obscene pictures of her on it, sources said. Section 66a of the information technology act the centre for.
Section 79 of the information technology amendment act, 2008 regulates the liability of a wide range of intermediaries in india. The information technology act, 2000 did not contain any provisions regarding this heinous crime but the amended act in 2008 made it possible by recognising cyber stalking via section 66a. Any person who sends, by means of a computer resource or a communication device. Section 66a of the information technology act learn more. Whats surprising is that in the information technology amendment bill of 2006, the penalty for section 66a was up to 2 years, and it was changed on december 16, 2008 through an amendment moved by mr. The information technology act, 2000 also aims to provide for the legal framework so that legal sanctity is accorded to all electronic records and other activities carried out by electronic means.
The information technology act, 2000 was amended in 2008. Section 66e in the information technology act, 2000. The information technology amendment act, 2008 the. Along with the introduction and passing of our cyber law, information technology act 2000. The it act, 2000 was amended in 2008 and received the assent of the. The bill was passed in the budget session of 2000 and signed by presidentk.
In their order, the court said, section 66a is violative of article 191a, not saved by article 192, hence unconstitutional. Section 66a of the information technology act the centre. On march 24, 2015, the supreme court in its famous judgement in the shreya singhal case, struck down the infamous and muchdreaded section 66a of the information technology act the apex courts ruling, authored by justices rohinton nariman and jasti chelameswar, was hailed as a major victory by advocates of free speech. It amendment act 2008 2349 kb this pdf file is non accessible through use of assistive technologies i.
Salient features of the information technology act, 2000 the information technology act, 2000, came into force with effect from 17th october, 2000. The matter has been registered under section 66c67a of information technology act and also various section of indian penal code. Information technology act 2000 it act indian bare acts at, a website for indian laws and bareacts, the reserve bank of india act, 1934 shall be amended in the manner specified in the fourth schedule to this act. The amended act which received the assent of the president on february 5, 2009, contains section 66a. It adds a provision to section 81, which states that the provisions of the act shall have overriding effect. The act is intended to promote egovernance of which an essential part is ecommerce. The said act also proposes to amend the indian penal code, 1860, the indian evidence act, 1872, the bankers books evidence act, 1891, the reserve bank of india act, 1934 to make them in tune. The law was amended in 2008 and received presidential assent on february 5, 2009. The court said the section has to be erased from the law books as it has. The indian information technology act 2000 act was a based on the model law on electronic commerce adopted by the united nations commission on international trade law 1.
Act, 1872, the bankers books evidence act, 1891 and the reserve bank of india act, 1934 and for. The date on which supreme court of india invalidated section 66a of it act 2000. While the objective behind the 2008 amendment was to prevent the misuse of information technology, particularly through social media, section 66a comes with extremely wide parameters, which allow whimsical interpretations by law enforcement agencies. The section 66a of the it act penalizes sending false and offensive messages through communication services. The section 66a of the it act penalized sending false and offensive messages through communication services. Sections 292 and 294 of the indian penal code have also been mentioned which contemplate the selling, letting on hire, distribution or. Buy commentary on information technology act with rules, regulations, orders, guidelines, reports and policy documents book online at best prices. The information technology act, 2000 also known as ita2000, or the it act is an act of the indian parliament no 21 of 2000 notified on 17 october 2000. Kolkata man held for uploading obscene photos of exwife on facebook. Government of india were also amended other core laws and acts for cop up with advancement information technology and to control the traffic in the cyber space. This act was substantially amended through the information technology amendment act 2008 in 2008. Section 66a of the it act the information technology act 2000 was amended in the year 2008 and this amended act contains the 66a section. Section 66 a it act information technology act supreme court strikes down sec 66a internet freedom 66a 66a of it act 66 a also read government plans to rework it act to meet new challenges, ravi. Section 66a is unconstitutional and we have no hesitation in striking it down, said justice r f nariman, reading out.
The afterlife and possible resurrection of section 66a. The amended act which received the assent of the president on february 5, 2009, contains. Section 66a has been struck down by supreme courts order dated 24th march, 2015 in the shreya singhal vs. The information technology act, 2000 is an act of the indian parliament no 21 of 2000. The law was amended in 2008 and received presidential assent on. Mar 24, 2015 section 66a is unconstitutional and we have no hesitation in striking it down, said justice r f nariman, reading out the judgement.
The information technology act, 2008 ministry of law, justice and company affairs legislative department new delhi, the 9th june 2000jyaistha 19, 1922 saka the following act of parliament received the assent of the president on the 9th june 2000. The publics right to know is directly affected by section 66a. Information technology act cybercrime applied ethics. Which section of it act deals with the appointment of controller of certifying authorities. Section 66a of the information technology act archives. Information technology act, 2000 with 2008 amendments. Raja the erstwhile minister of communications and it to 3 years. All you need to know about section 66a of the it act the hindu. The information technology act, 2000 of india overview. 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. Most of the terms used in the section have not been specifically defined under the act. The information technology act, 2000, enacted to give effect to the united nations general assembly resolution adopting the model law on electronic commerce and recommending its adoption by member states, provided a very important first step in the creation of a legal framework for ecommerce in india.
The information technology act is based on the indian penal code, 1860, the indian evidence act, 1872, the bankers books evidence act, 1891, the reserve bank of india act, 1934, etc. Under this back drop the legislative body incorporated section 66 a under the information technology act. The it act was amended in 2008 to address contemporary issues and. Sep 29, 2016 this act was substantially amended through the information technology amendment act 2008. He has coauthored two short books, namely onslaughts on. Section 66a of information technology act is scraped by supreme. The information technology act was enacted in the year 2000 and came into force since then.
Information technology act 2000 slideshare cyber laws and information technology act 2000the act of parliament received the assent of the president on the 9th june, 2000 this is considered as the first case convicted under section. Though on paper its a recognised crime, half of the society is still unaware about it. Data privacy as data privacy remains prime importance to the topic of discussion, i will discuss the section related to section 43a of the amended act which covers all the sectors of indian economy. Section 66a of the information technology act repealed lexology. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. The official information act 2008 is a cook islands law passed to make official information more freely available, and to establish procedures for the achievement of those purposes. Mar 27, 2015 while holding that section 66a of the information technology amendment act, 2008, is unconstitutional and laying down guidelines for online takedowns under the intermediary rules, the court, in shreya singhal vs union of india, has upheld section 69a and the blocking rules framed under it. Theinformation technology act, 2000, is an act of theindian parliament notified on 17 october 2000. Section 66a in the information technology act, 2000 72 66a punishment for sending offensive messages through communication service, etc. The apex courts ruling, authored by justices rohinton nariman and jasti chelameswar, was hailed as a major victory by advocates of free speech.
It introduced section 66a which penalized sending offensive messages. But, as was widely hoped, it has struck down section 66a of the information technology act of 2000 as amended in 2008. Jan 24, 2019 on march 24, 2015, the supreme court in its famous judgement in the shreya singhal case, struck down the infamous and muchdreaded section 66a of the information technology act. It is based on the uncitral model law on international commercial arbitration recommended by the general assembly of united nations by a resolution. Mar 27, 2019 the information technology act, 2000 also aims to provide for the legal framework so that legal sanctity is accorded to all electronic records and other activities carried out by electronic means. It is the primary law in india dealing with cybercrime and electronic commerce. Section 66 a of it act continues to remain in the eye of storm. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. However, the manner in which it was worded was much wider, resulting it being used as catch all provision, used whenever the state did not like something that was being said online, or government and ruling. 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. Mar 24, 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. In fact, the present section 66 a was introduced by the 2008 amendments. Section 66a was introduced through the 2008 amendments to the information technology it act, purportedly to deal with the issue of spam. After hearing a clutch of petitions by defenders of free speech, the supreme court described the 2009 amendment to indias information technology act known as section 66a as vague and ambiguous and beyond ambit of the constitutional right to freedom of speech.
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