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LATEST NEWS UPDATES | Sec 66A arrests: NDA on same page as UPA -Utkarsh Anand

Sec 66A arrests: NDA on same page as UPA -Utkarsh Anand

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published Published on Jan 20, 2015   modified Modified on Jan 20, 2015
-The Indian Express

The NDA government took over from the UPA more than eight months ago but it appears to be deja vu for activists fighting against the constitutionality of Section 66A of the Information Technology Act, which empowers police to arrest people for social media posts.

Following the previous government's line, the NDA regime has lent its support to the validity of Section 66A, saying the "danger was present and clear" in the wake of the dynamic nature of cyberspace, and that the provision sought to "regulate" and "curb the misuse of communication devices".

Section 66A provides for up to three years in jail as punishment for sending "offensive" or "annoying" messages through a computer or other communication devices.

In its first official reply in the form of affidavits filed in response to a bunch of petitions seeking to stay the operation of Section 66A, the government on Monday told Supreme Court that the advisory issued in May 2013 - when the UPA was in power - contained adequate safeguards.

The advisory had mandated prior permission from a senior police officer before making such arrests.

The affidavits, filed separately in four PILs raising questions over the constitutionality of Section 66A, stated that the controversial provision sought "to impose reasonable restrictions on the exercise of fundamental right of free speech and expressions". The government has maintained that the 2013 advisory would "ensure that the honest and legal use of cyberspace does not result into harassment to any citizens of the country".

The replies have come months after the government, through its law officer, informed the court that deliberations with the "highest political executives" had prompted it to consider all necessary steps and additional safeguards to allay apprehensions about the possible misuse of Section 66A.

Sources in the Ministry of Communication and Information Technology had revealed then that the government's response had come after Prime Minister Narendra Modi's "direct intervention" in the matter.

However, the fresh replies are bereft of any additional measures that the NDA government proposes to take. Instead, the affidavits argued that similar legislative provisions existed in countries like Britain, USA, Australia, Singapore and South Africa.

The NDA government added that the survey of comparative legal provisions underlined the fact that Section 66A of the IT Act was similar to other legislation presently prevalent across various jurisdictions.

Buttressing its arguments on the validity of Section 66A, the replies stated that while the government encouraged beneficial use of cyberspace, the Act intended to "regulate the use of cyberspace", which would fall within the ambit of reasonable restriction on exercise of the right to freedom of speech and expression.

"In this milieu of rapid technological advancement, even a single unlawful/illegal message or image has a potential to tear the social fabric and destroy peace and tranquility. Hence, the law enforcement agencies are always racing against the time to diffuse such situations, leading to arrests and blocking of certain websites/webpages/links in the interest of sovereignty and integrity of India, including public order," it said.

Requesting the court to dismiss the pleas, the government claimed that the misuse of cyberspace has till date resulted in over 70 deaths and exodus of thousands of people from one part of the country to another, possibly referring to people from the northeast leaving southern Indian cities in droves in 2012 after a scare campaign on social media.

"The misuse of technology created serious law and order situations threatening the social fabric and national security," stated the affidavits, while laying down the history of introducing Section 66A in the Act.


The Indian Express, 20 January, 2015, http://indianexpress.com/article/india/india-others/sec-66a-arrests-nda-on-same-page-as-upa/99/


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