Volume : V, Issue : V, May - 2015

FREEDOM OF SPEECH RESTORED– 66A OF IT ACT STRUCK DOWN–A CASE COMMENTARY

Neeti Gupta

Abstract :

It is a case commentary on the recent landmark judgment (Shreya Singhal v Union of India) declå  Section 66A of the IT Act 2000 which allows arrest of a person for posting allegedly "offensive" content  on websites, as unconstitutional. This comes in the background of a slew of arrests made under section 66A thereby  violating the right to freedom of speech and expression enshrined in Article 19(1)(a) of the Constitution. The court has  struck a perfect balance between the right to freedom of speech and the reasonable restrictions under Article 19(2).  Court has attacked its inherent vagueness, the absence of definitions for terms used in it and the conspicuous lack of  mens rea. This law arbitrarily, excessively and disproportionately invades the right of free speech and has no proximate  connection with incitement to commit an offence. Court has relied heavily on American judgments to delve deeper  into the impact and content of free speech. Judgment heralds a victory of free speech in India.

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Article: Download PDF   DOI : 10.36106/ijar  

Cite This Article:

Neeti Gupta FREEDOM OF SPEECH RESTORED– 66A OF IT ACT STRUCK DOWN–A CASE COMMENTARY Indian Journal of Applied Research, Vol.5, Issue : 5 May 2015

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