In a landmark judgment on the Right to Freedom of Speech on the Internet, the Supreme Court has struck down Section 66A of the IT Act that prescribes punishment for sending “offensive” messages through computers or any other communication device such as a mobile phone or a tablet, and a conviction can fetch a maximum of three years in jail.
The Apex Court held Section 66A as unconstitutional, and said that it violates right to speech and expression. Justices J Chelameswar and Rohinton F Nariman ruling on its validity said that “governments come and go and it cannot be implemented”
.READ: Everything you need to know about Section 66A
“Discussion and advocacy, no matter how annoying, is allowed in democracy; this law affects right to know,” the Supreme Court noted. However, it upheld the validity of other provisions on liability of intermediaries to remove content on being notified by government.
