"What is grossly offensive to you, may not be the same for others" this what SC concluded on Tuesday morning being in justice of right to speech, Section 66A of IT Act. This issue has brought up while SC came across various petitions that are being held upon the Act. SC court has reportedly strike down the act today.
The court itself has pointed out some objectionable questions and has taken some expert advice from various judges of UK court and has come to conclusion that "An information which is so called "Grossly offensive" to somebody may not be viewed in same point of view by every others. What happens to me if I post something on internet which I'm not offensive to and somebody who is offensive file a case against me? Does it make I'm made some "Grossly Offensive" wording to the word and that doesn't decide my character and the source of the information which is called Internet doesn't run under constitutional form."
Though the government is still is objecting that the act should not quashed out just because of misuse, it has to be alive so that people won't post any offensive religious matter in any manner.
The court itself has pointed out some objectionable questions and has taken some expert advice from various judges of UK court and has come to conclusion that "An information which is so called "Grossly offensive" to somebody may not be viewed in same point of view by every others. What happens to me if I post something on internet which I'm not offensive to and somebody who is offensive file a case against me? Does it make I'm made some "Grossly Offensive" wording to the word and that doesn't decide my character and the source of the information which is called Internet doesn't run under constitutional form."
Though the government is still is objecting that the act should not quashed out just because of misuse, it has to be alive so that people won't post any offensive religious matter in any manner.
What is Section 66A of IT Act?
Section 66A of IT Act. says that any information is passed through any means of electronic devices which is supported for communication which offensive, leads to annoyance, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will or threat to any form which trhey know it to be false shall be punishable with imprisonment for a term which may extend to three years and with fine.
Example for the Act under action:
There were many situation where many people got arrested just because of useful manner of Right to Speech in the country.
An officer who got arrested in Varanasi last year just because he posted some offensive photos of Mulayam Singh Yadav, Akhilesh Yadav and Azam Khan on Facebook
Two girls from Maharastra, Shaheen Dhada and Rinu Shrinivasan, who got arrested by posting a commenting regarding the bandh in Mumbai due to Bal Thakrey's death. People who liked this were also arrested the same day.
A professor who got arrested for sharing a cartoon related to Mamata Banerjee in Kolkata.
A man who got arrested for tweeting in micro blogging site that P. Chidambaram's son is corrupt.
As the examples are bit high in count, this strike down of act had poured some life in to the people's Right of Speech action
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