The Supreme Court on Tuesday in a landmark judgement struck down a provision in the
cyber law,which provides power to arrest a person for posting allegedly ‘offensive’ content
on websites.
A bench of justice J Chelameswar and RF Nariman said that the provision clearly affects the fundamental right to freedom of speech and expression enshrined under the constitution.
Elaborating the grounds for holding the provision ‘unconstitutional’,it said terms like
‘annoying’, ‘Inconvenient’, ‘grossly offensive’, used in the provision are vague as it is
difficult for the law enforcement agency and the offender to know the ingredients of offence.
The bench said adding, “What may be offensive to a person may not be offensive to the
other”.
The bench also rejected the assurance given by NDA Government during the hearing that
certain procedures may be laid down to ensure that the law in question is not abused. The
government had also said that it will not misuse the provision.
The bench,however did not strike down two other provisions-section 69A and 79 of IT act-and said that they can remain enforced with certain restrictions.
Section 69A provides power to issue directions to block public access of any information
through any computer and Section 79 provides for exemption from liability of intermediary
in certain cases.
The Apex court pronounced its verdict on a number of petitions challenging constitutional
validity of certain sections of the cyber law.
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