23 November 2012

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16 Reasons to repeal delete Information Technology Act 66A Is it a Talibani type law?

16 Reasons to repeal delete Information Technology Act 66A
Is it a Talibani type law?

In year, 2008 Section 66A was added by the government to the original IT Act of 2000.

On November 20, the Madurai bench of the Madras high court issued notices to the Central government on a public interest litigation filed by the People’s Union for Human Rights seeking direction to repeal Section 66A on the grounds that it violates freedom of speech guaranteed by the Indian Constitution.

An officer of the Indian Police Service filed a writ petition in the Lucknow Bench of the Allahabad high court praying for Section 66A to be declared as ultra vires of Article 19(1) (a) of the Constitution, which guarantees freedom of expression. This will be heard tomorrow (November 23)

First Read the Section 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

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,

(c) Any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages

Shall be punishable with imprisonment for a term, which may extend to three years and with fine.

Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

Few days back we saw that for one tweet one Indian citizen was arrested.

For one comment, liking and posting on FB two innocent girls were arrested in Palghar

Section 66A was used by the Puducherry police to arrest a man who posted tweets about the son of finance minister P. Chidambaram amassing more wealth than Robert Vadra, and by the Mamata Banerjee government in West Bengal for arresting a professor who forwarded cartoons about her.

Do you know Police arrested any Politician or rich man using section 66A?

Following are the reasons Citizens need to unite and demand that Section 66A should be deleted from the Information technology act.

Section 66A is vogue section, it is not clearly defined because of this whatever we write can become offence.

Section 66A takes away our right to criticize the wrongful acts of rich and powerful

Section 66A takes away freedom of speech and thought and thinking

As law is vogue, Police can arrest anyone and there is no punishment for wrongful arrest if you know someone got punishment for wrongful arrest Please mention it in comment and give the link.

Because of this law did you realize if you comment on God and say that God does not exist it amounts and becomes a crime for the person who believes in God and he can send you to Jail for 3 years.

Section 66A , (a) Any information that is grossly offensive or has menacing character; =  is a crime, what is truth for me becomes a offence for the someone and he can send me to Jail as  it is truth only for my heart and not his

Terms such as “causing annoyance”, “causing inconvenience”, “causing obstruction”, “causing ill will” etc. are vague and ambiguous, and can be interpreted in multiple ways by different people.

April Fool joke will come under this crime and Police can arrest you and send you to Jail

For me Main Purpose of this law is nothing but to limit the freedom of speech and thought

Above  Law creates fear among the citizens while writing about the rich or politician , writing truthfully what they feel about xyz politician and rich man,  this is nothing but sign of Slavery.

The law indirectly orders the citizens that if you do not like keep silence and if you want to talk talk only sweet like a slave

If you are common Indian citizen go to police and ask them to arrest a politician for his speech under this act, see what happens Politician will not get arrested but I fear that you will get arrested or even beaten by someone for showing courage

Defamation law is already present thus we do not need this law

The above section gives the  police  unlimited powers

Police become Judge  has the power to arrest for such 'annoyance' or 'inconvenience' without a warrant

at the first instance Police  get to decide on what is 'annoying', 'inconvenient', 'grossly offensive' or 'menacing' and they will arrest you

Solution to this law, section is very simple –

If anyone thinks that he is offended, he can go to Police and if Police officer thinks that, he needs to arrest that person

In such case Police officer should file a case in a Court and then summons or notice should be sent to that person, before this Police officer should telephone or send him notice informing about  him what police officer or investing agency  is planning to do ,
Does he needs a protection for his family and office as   xyz organization has filed a complaint against you?

For wrongful arrest a new section needs to be added that 66AA,
if any police officer for whatever reason arrests  a citizen, and if it proven beyond doubt that it was a wrongful arrest by police officer under pressure because of powerful organization or politician in such case the person who was arrested will be compensated by Government

For wrongful arrest, Police officer will lose his job

Indian government will  Pay  Rupees  10 Crore  within 24 hours to the arrested  person or amount will double each day.

Like this, we need accountability which will create fear among people regarding using laws unlawfully to fear among the citizens who just want to say what is in their heart.

When there is, no accountability rich people can do anything because law is bad in nature.

What happens in Talibani Law, only Poor are punished, rich are never punished

If poor man sends his daughter to school, talibani minded people would kill his family on the name of law

But same people will not punish rich politicians and rich people for not following laws

Demand to delete the section 66A from Information technology act

Reality views by sm –

Friday, November 23, 2012

Tags – Information Technology Act 66A


Destination Infinity November 24, 2012  

I too think this law needs to be amended or repealed. What is the need to arrest someone immediately for this, when it is more difficult to arrest people who have committed bigger crimes? Also, anyone can claim that they have been 'inconvenienced'.

I think social media cannot be treated on par with mainstream media, considering the limited reach personal networks have. Free speech is very important for any progressive country. Free speech is the basis of development.

Destination Infinity

Usha November 24, 2012  

sm, Thanks for explaining section 66A from Information technology Act...you have given valid reasons for the need to remove section 66A. It looks like politicians have smartly drafted this section for their benefit.

MEcoy November 24, 2012  

well filipinos stand against a law with the same features good thing it wasnt implemented up until now

66A misuse June 25, 2014  

SM, original thoughts. I like the part that the police should always go to the court first to get a warrant.

How can we say IT Act 66A is misused in this case:


If a former judge's name is taken then it would be also very easy to get an arrest warrant, isn't it so?