24 Mar 2015

Section 66A: India court strikes down 'Facebook' arrest law

A protest in support of internet freedom in Mumbai in June 2012  

India's Supreme Court has struck down a controversial law which allowed police to arrest people for comments on social networks and other internet sites.
The court ruled that the controversial Section 66A of the Information Technology Act was unconstitutional.



In recent years, several people have been arrested for their comments on Facebook or Twitter, sparking outrage.
The government had defended the law, saying it was meant to deter people from uploading offensive material.
Tuesday's order was delivered by a two-judge bench of the Supreme Court on petitions filed by civil rights groups and a law student who argued that Section 66A violated people's fundamental right to freedom of speech and expression.
"Section 66A is unconstitutional and we have no hesitation in striking it down," news agency AFP quoted Justice RF Nariman as saying in court.
"The public's right to know is directly affected by section 66A," he added.
Section 66A was sweeping in its powers - it could send a person to jail for three years for sending an email or other electronic message that "causes annoyance or inconvenience".
The law was first challenged by a law student after two young women were arrested in November 2012 in Mumbai for comments on Facebook following the death of politician Bal Thackeray.
Shaheen Dhada was held for criticising Mumbai's shutdown after Thackeray's death. Renu Srinivasan, who "liked" the comment, was also arrested. The two were later released on bail.

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