Facebooked: SC to examine IT Act, govt issues new norms

Update: 2012-11-30 01:21 GMT
Noting that the country was ‘outraged’ over the arrest of two girls in Maharashtra over Facebook comments, the Supreme Court has decided to examine the Information Technology Act.

The government is also issuing new guidelines for Section 66 (A) of IT Act that deals with spreading hatred through electronic messages. Now, no less than a police officer of a rank of Deputy Commissioner of Police (DCP) will be allowed to permit registration of a case under Section 66 of the IT Act. In the case of non-metropolitan cities, such an approval would have to come from the level of Inspector General of Police. Currently, a police station in-charge or an inspector can register a case.

The section 66 (A) of IT Act has been discussed widely in last few days after the registration of two cases against two teenage girls who had objected to a bandh-like situation in Mumbai after Shiv Sena supremo Bal Thackeray’s death and were arrested. On Wednesday, a 19-year-old boy was detained in Thane district on suspicion of posting an objectionable Facebook comment against MNS chief Raj Thackeray but later let off. Section 66 (A), which is a bailable offence and provides for a jail term of up to three years, makes it an offence to send, by means of a computer resource or communication device, any information which is grossly offensive, menacing, causes annoyance or hatred.

Meanwhile, the SC agreed to hear a plea on Thursday to amend the IT Act. The court has sought Attorney General G E Vahanvati’s help in deciding it.

The court, however, refused the plea of Delhi student Shreya Singhal, who has filed a PIL that no coercive action should be taken by the government authorities against people for posting such messages on websites during pendency of the case. It would be heard on Friday again. The bench of Chief Justice Altamas Kabir and Justice J Chelameswar asked Vahanvati to appear before it after senior counsel Mukul Rohtagi told the court that section 66A of the IT Act violated article 4, 19 (1) (a) and article 21 of the constitution. The section provides for action against people for posting offensive and annoying comments on websites or other electronic mediums.

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