Govt modifies Sec 66(A) of IT Act after Facebook controversies

Mangalore Today/ CNN/IBN

New Delhi, Nov 29: The government has modified rules under the controversial Section 66(A) of the Information Technology Act in the wake of its alleged misuse in recent few cases. This comes a day after a 19-year-old boy was questioned by the police in Palghar over an alleged Facebook post against Maharashtra Navnirman Sena chief Raj Thackeray. This also comes amidst the row over the arrest of two girls in Palghar over a Facebook post on late Shiv Sena founder Bal Thackeray.

 

The government has issued an advisory to states on how to implement the controversial Section 66(A) of the IT Act. Government sources say that a prior approval from the Deputy Commissioner or IGP level officers is needed before the Station House Officer can register such complaints.

Government sources also say that the Maharashtra incident was not justified. Sources say the government acted on civil society fears that Section 66(A) was unconstitutional and open to misinterpretation.

Meawhile, a Delhi student has also filed a public interest litigation (PIL) in the Supreme Court challenging Section 66(A) of the Information Technology Act which was invoked to arrest two girls in Palghar. The petition wants the offence under Section 66(A) of the Information Technology Act to be made non-cognizable. The Supreme Court will hear the petition on Thursday afternoon.

Thane Superintendent of Police (rural) and Palghar police station Sub-Inspector were suspended for disobeying the orders of superiors while arresting two girls from Palghar for the Facebook post.

The Shiv Sena had called for bandh in Palghar on Wednesday to protest against the action on the policemen in the Facebook arrest case. Maharashtra Home Minister RR Patil said that the police officials were suspended for disobeying the orders of the IG of Konkan zone.

Meanwhile, in another case a 19-year-old boy has spoken out after his Facebook account was allegedly hacked and used to abuse MNS chief Raj Thackeray. The boy maintains that he never wrote the controversial post but believes it was written to create enmity in Palghar where a large number of North Indians live.

The boy was questioned about the post and let off on Wednesday after the MNS complained. A case has been filed against an unknown person under the IT Act. The Thane Cyber crime Cell is in the process of tracking the hacker.

What the Section 66 (A) of IT Act says:

1 Punishment for sending offensive messages via electronic mail message

2 Any electronic mail message that is grossly offensive or is menacing

3 Any false info causing annoyance, insult, danger

4 Causing inconvenience

5 Deceiving or misleading recipient

6 If guilty, faces up to 3 years in jail and a penalty


Facebook arrests: SC steps in to examine IT Act

The Supreme Court will Thursday examine the constitutional validity of Section 66A of the IT Act in the wake of recent arrests of people for posting comments critical of politicians.

 

The apex court headed by Chief Justice Altamas Kabir directed the hearing of a public interest litigation (PIL).

The petition was filed by Shreyansh Singhal, drawing the court’s attention to the largescale misuse of section 66A.

The section provides for action against people for posting offensive and annoying comments on websites or other electronic mediums.

As senior counsel Mukul Rohtagi mentioned the matter before the court, the chief justice observed: "We were wondering why nobody has filed a petition on the issue. In fact we were considering taking suo motto cognizance of these incidents."

The PIL petitioner has drawn the attention of the court on some incidents of misuse of section 66A of the IT Act.

In April, Jadavpur University professor Ambikesh Mahapatra was arrested in Kolkata for circulating a cartoon depicting West Bengal Chief Minister Mamata Banerjee.

More recently, a young woman, Shaheen Dhada, and her friend were arrested in Maharashtra for a Facebook post questioning Mumbai’s shutdown following Bal Thackeray’s death.