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66A of The IT Act, 2000 & Facebook Incident

posted Dec 4, 2012, 2:21 AM by Prashant Mali
Be judicious while posting on facebook. While using the right to Freedom of speech and expression given by our constitution, the atmosphere and sentiments around should be
 accounted for to save yourself from such rare arbitrary interpretation and usage of law. The freedom of speech right given by our constitution is not absolute, defamation is an exception to this freedom of speech under Article 19(1)(2). We should also look towards people whose lives are destroyed by blasphemous, vulgar or careless statement by free speech advocates on the facebook. So who is affected most from 66A financially? I strongly feel facebook and google whose business in the form of loads of compliance towards law and enforcement agencies by providing them ip address and other evidences get affected. I completely agree that words “Grossly Offensive “ and “Menacing Character” in Section 66A(a) can be widely and vividly interpreted by the law the enforcement agencies but then I think what words would Law makers use for mindless expression of some facebookers which offend people personally to the destruction of their character or moral. More over Internationally India is not the only jurisdiction in the world using such words in there statute.
I feel police using IT Act,2000 sections where it is not applicable because all the sections being cognizable to arrest the person, this can be a bone of contention and further as per Section 81 of the IT Act,2000 which has overriding effect over other laws Then also when sections of the IT Act,2000 are applied police adding sections of The IPC or other statutes to make the offense non-bailable could be matter of education or discussion
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