Information Technology Act – Indian IT Act .
Introduction
After the United Nations adopted the UNCITRAL Model Law on E-Commerce, India passed the Information Technology Act 2000 in May 2000 and notified it for effectiveness on October 17, 2000.
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The Information technology Act 2000 has been substantially amended through the Information Technology Amendment Act 2008.
Indian Govt Modifies Sec 66(A) of IT Act Post Facebook Controversy
In the wake of the recent arrests, for posting alleged offensive messages on websites, the Indian government has finally modified rules under the controversial Section 66(A) of the Information Technology Act.
Here’s what the Section 66A of the IT Act says:
Section 66A of the IT Act is a relevant section which penalizes ‘sending false and offensive messages through communication services’. The section reads as under –
Any person who sends, by means of a computer resource or a communication device,—
a) any information that is grossly offensive or has menacing character; or
b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device
c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages.
Punishment – Imprisonment for a term which may extend to three years and with fine.
Recent Incidents
Here are some recent incidents where arrests have been made for posting comments on social networking sites.
- 21-year-old girl arrested for questioning on Facebook the shutdown in Mumbai after Shiv Sena leader Bal Thackeray’s death. Her friend, who ‘liked’ the comment, was also arrested.
- 19-year old boy was arrested, whose Facebook account allegedly was hacked and used to abuse MNS chief Raj Thackeray.
- In April 2012 incident, a Professor from Jadavpur University in West Bengal, was arrested for posting a cartoon concerning a political figure on social networking sites.
- In October 2012, a businessman was arrested by Puducherry Police for having made a allegation on twitter against a politician from Tamil Nadu.
- In May 2012 two Air India employees were arrested by the Mumbai Police under the IT Act for posting content on Facebook and Orkut against a trade union leader and some politicians.
Growing Concern
The growing concern among legal experts is that the Section 66A of the IT Act, 2000 is too wide, vague, and can be interpreted in several ways. It is difficult to judge it objectively and hence very susceptible to reckless abuse, as has been see in the recent incidents. The government seems to be confident that these regulations are put in place, such instances will not be repeated, the sources added.
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