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Syed imtiaz   20 June 2021

Query regarding the information technology act of 2000

Is there anyone who could suggest on what grounds the recent amendments in the information technology act doesnt violate the right to freedom of speech and expression and right to privacy?


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 3 Replies

P. Venu (Advocate)     21 June 2021

What are the facts? What is the context?

Nirali Nayak   22 June 2021

Hello sir, greetings of the day.
As per your query, following are the provisions of information Technology Act, 2000 which do not violate the right to freedom of speech and expression and right to privacy.
The Supreme Court of India in its decision in Shreya Singhal v. Union of India, struck down Section 66A of the Information Technology Act, 2000 on the grounds that this Section had a chilling effect on the right to freedom of speech and expression over the Internet. Section 66A of the IT Act states the punishments for communicating certain types of information over the Internet. Under its provisions, anyone who disseminates over the Internet (i) information which is grossly offensive (ii) false information sent with the intention of causing inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill-will or (iii) any email intended to annoy or inconvenience or to deceive or mislead the recipient as to the origin of these messages shall be punished with imprisonment of up to three years and fine.
Section 69A of the IT Act, which empowers the Central Government to order that access to certain websites and computer resources can be blocked in the interest of the national defence, its sovereignty and integrity, the security of the State, friendly relations with foreign States, public order or for preventing incitement to the commission of an offence. 
Section 79 of the IT Act is India's safe harbour clause because it provides intermediaries exemption from liability for content uploaded on their platforms subject to their compliance with the conditions set out in the Section and Information Technology (Intermediary Guidelines) Rules, 2011 (Intermediary Guidelines).
Hope this helps.
Regards
Nirali Nayak
Law Student

T. Kalaiselvan, Advocate (Advocate)     23 June 2021

In its decision in Shreya Singhal v. Union of India, the Supreme Court of India struck down Section 66A of the Information Technology Act2000 on the grounds that the Section has a chilling effect on the right to freedom of speech and expression over the Internet

On 24 March 2015, the Supreme Court of India, gave the verdict that Section 66A is unconstitutional in entirety. The court said that Section 66A of IT Act 2000 is "arbitrarily, excessively and disproportionately invades the right of free speech" provided under Article 19(1) of the Constitution of India. But the Court turned down a plea to strike down sections 69A and 79 of the Act, which deal with the procedure and safeguards for blocking certain websites


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