India: Supreme Court Of India: Crusader Of Internet Freedom

The Supreme Court of India, in what is sure to go down as an historic decision in Shreya Singhal vs. Union of India Writ Petition (Criminal) No 167 of 2012 (and various connected proceedings) has struck down the notorious Section 66-A of the Information Technology Act, 2000 (the IT Act) as being violative of the right to freedom of speech and expression enshrined in Article 19 (1) (a) of the Constitution of India (the Constitution). Much praise has been heaped on India’s top court, and the decision has been lauded as being a step in the right direction towards preserving the Internet freedom of the citizens of India.

Section 66-A of the IT Act and the Challenge:

Section 66-A of the IT Act reads “Punishment for sending offensive messages through communication service, etc.” and provides that any person who uses a computer device to send information that is offensive, menacing, knowingly causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will shall be punished with imprisonment for a term which may extend to three years alongwith a fine.