Thursday, 16 May 2013

Arresting someone for web comment gets tougher - Daily News & Analysis

Debarjun Saha | 20:34 |

Online content got a mild sheath of protection with the Supreme Court on Thursday directing that unless permitted by officers of the rank of IGP or DGP or SP no one can be arrested for posting any 'objectionable' content on the networking sites.

The direction came while the apex court was hearing an application by law  student Shreya Singhal seeking a ban on arrests for posting objectionable content when a case on validity of s. 66A of the Information Technology Act remains pending before it.

The application was filed in the wake of a Hyderabad-based woman activist being arrested for her Facebook post in which certain "objectionable" comments were made against Tamil Nadu Governor K Rosaiah and Congress MLA Amanchi Krishna Mohan. After filing of the petition, she was released by a district court.

Moreover, Jaya Vindhayal, the state general secretary of People's Union for Civil Liberties (PUCL), was arrested on May 12 under section 66A of the IT Act for the "objectionable" post.

Singhal had filed the PIL after two girls–Shaheen Dhada and Rinu Shrinivasan–were arrested in Palghar in Thane district under section 66A of IT Act after one of them posted a comment against the shut down in Mumbai following Shiv Sena leader Bal Thackeray's death and the other 'liked' it.

On November 30, 2012, the apex court had sought response from the Centre on the amendment and misuse of section 66A of IT Act and had also directed the Maharashtra government to explain the circumstances under which they were arrested.

Singhal sought an urgent hearing in the case, saying the police is taking action in such matters even though a PIL challenging validity of the section is pending.

While the court refused to impose a blanket ban on arrests, it directed compliance with the Centre's advisory of January 9. The Centre had issued the advisory in the wake of public outrage following the arrests of people for posting content on networking sites like the Facebook.

In its advisory the Centre had said, "State governments are advised that as regard to arrest of any person in complaint registered under section 66A of the Information Technology Act, the concerned police officer of a police station may not arrest any person until she/he has obtained prior approval of such arrest from an officer, not below the rank of Inspector General of Police (IGP) in metropolitan cities or of an officer not below the rank of Deputy Commissioner of Police (DCP) or Superintendent of Police (SP) at district level, as the case may be."

A bench of justices BS Chauhan and Dipak Misra said, "We direct the state governments to ensure compliance with the Centre's January 9 advisory before making any arrests."

The court said that it cannot pass an order against the arrests already made under s66A or stay the operation of the section since the constitutional validity of the legal provision is still under examination.

There have been uproar against police action when two young women were arrested for posting content following.

WHAT THE LAW SAYS

Section 66A of the Information Technology Act states anyone who sends, by means of a computer resource or communication device, any information that is grossly offensive or has a menacing character could be punished with imprisonment of up to three years and a fine.



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