Supreme Court reserves verdict on pleas against section 66A
Posted February 27th, 2015, 11:40 AM IST

NEW DELHI: The Supreme Court on Thursday reserved verdict on a batch of petitions challenging the validity of Section 66A of the Information Technology Act providing for punishment for posting objectionable comments in social media. Even as a Bench of Justices J. Chelameswar and Rohinton Nariman reserved judgement, the Centre strongly defended the provision contending that the possibility of potential abuse could not be a ground to declare a provision as unconstitutional.
Additional solicitor general Tushar Mehta, however, made it clear that such of those comments in the social media on political debate, protests, expressing a contrary view, a dialogue or a discourse could not be prohibited under Section 66A of the IT Act. The ASG submitted that materials insulting Quron, Bible, Gita or religious symbols would be an offence.
When Justice Nariman questioned the ASG as to how the provision would be workable if millions of comments were posted, the ASG said whenever complaints were received the service providers were requested to remove the material contents in the websites. He said over 25,000 requests had been made to the service providers.
Additional solicitor general Tushar Mehta, however, made it clear that such of those comments in the social media on political debate, protests, expressing a contrary view, a dialogue or a discourse could not be prohibited under Section 66A of the IT Act. The ASG submitted that materials insulting Quron, Bible, Gita or religious symbols would be an offence.
When Justice Nariman questioned the ASG as to how the provision would be workable if millions of comments were posted, the ASG said whenever complaints were received the service providers were requested to remove the material contents in the websites. He said over 25,000 requests had been made to the service providers.
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