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24 March 2015, Gateway House

Section 66A of the Information Technology Act

Rajni Bakshi, senior Gandhi peace fellow at Gateway House, reacts to the Supreme Court ruling on Section 66A of the Information Technology (IT) Act.

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On 24 March 2015 the Supreme Court of India ruled to abolish Section 66A of the IT Act – a provision through which a person could be arrested for posting content deemed “offensive” on websites. Rajni Bakshi, senior Gandhi peace fellow at Gateway House, comments on the ruling.

Statement:

“The Supreme Court of India’s verdict to strike down Section 66A of the IT Act as unconstitutional is a vital move – reaffirming that the fundamental right of freedom of speech, guaranteed by the Indian Constitution, cannot be curtailed in cyberspace.

Such legal victories are necessary but they are not a sufficient condition for preserving freedom in cyber space and in other fora. This verdict draws attention to the importance of sustained vigilance and action by individuals and groups of concerned citizens dedicated to ensuring that these rights are protected.

Preserving liberty and freedom of expression are always work in progress, without a point of arrival. This judgement will be all the more significant for boosting the confidence of those engaged in opposing violations of rights – either by agencies of the state or fundamentalists of any hue in society at large.”

For more information or interview requests, please contact Reetika Joshi at joshi.reetika@gatewayhouse.in.

Relevant reading:

Policy Catalyst: crafting India’s Privacy Law

India, China and censorship

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