The Supreme Court of India has finally released a 122-page landmark judgment to expand the contours of freedom of speech over the internet. The Police will no longer be authorized to arrest people for sharing “menacing” or “offensive” posts on social media platforms through a computer resource or a communication device. The Supreme Court has completely struck down Section 66A of the Information Technology Act after a petition filed by a 24-year old law student.
The apex court has always been protecting the rights of people in India and the cancellation of Section 66A is yet another brave decision. Quite interestingly, the court has refused to heed the government’s plea that no one will misuse this provision in the future.
Passed in Parliament in 2008, the political parties were of the view that the provision was essential to keep people from posting blasphemous content online to avoid violence in general. The court, however, believes that there are already exceptions to freedom of speech highlighted in the Constitution, so there’s no real need of Section 66A, especially when it is so poorly conceived. Here is one detailed opinion based information that you’d find insightful.
Shreya Singhal who filed the petition stated that she had no hidden political agenda here, but really believed that political parties like the BJP and the Congress government had misused the provision in the past. A decision against the act is definitely a victory for the country.
She believes this is good news for people like Shaheen Dada, a Mumbai girl who shared a Facebook post about Shivsena leader Bal Thakery, or cartoonists like Sanjay Choudhary and Ambikesh Mahapatra who created a sketch about West Bengal CM Mamta Banerjee and landed behind the bars for sharing their views. It definitely seems like a step in the right direction, but how things unfold is still a mystery.
However, the latest news of a Chennai Teche landed in Jail because of similar Section 67 ensures that the law isn’t really misused.
To close this, remember, free speech doesn’t mean careless talk. So, the following note is the first and foremost reminder every social media user (personal or professional use) must keep in mind.
Never talk for the sake of being noticed and show you have a lot to say. Two things prove gold at controversial matters on social media. Silence when you don’t know much about the matter and a calculated thoughtful participation when you know a lot about the matter.
What’s your take on this?
Sunita Biddu is a digital business coach and power blogging mentor helping coaches and small business owners. She helps with building a strong and profitable online presence and reputation that creates a self-sustaining business. Sunita writes on this blog once a week about easy-to-use guides and articles about business, coaching, social media and blogging. You can grab some of her free resources and ebooks from the resources section.