In a landmark ruling on Tuesday, the Supreme Court of India declared Section 66A of the Information Technology Act unconstitutional. This provision had led to numerous arrests for posting content deemed "allegedly objectionable" online. The court described the section as "draconian" and found that it excessively and disproportionately infringed upon the fundamental right to free speech.
Section 66A was deemed vague and overly broad, with terms like "annoyance," "inconvenience," and "grossly offensive" being open to subjective interpretation. The Bench, comprising Justices J. Chelameswar and Rohinton F. Nariman, stated that such terms could lead to arbitrary enforcement of the law. It emphasized that free speech should only be restricted in cases of incitement or public disorder, not for mere expression of opinions or advocacy, regardless of how unpopular.
The Court also rejected the government's plea to save the section through assurances of reasonable administration, noting that such provisions could be misused by future governments, making the law inconsistent and unpredictable.
While the court upheld sections 69A and 79, which deal with blocking websites and intermediary liability, Section 66A was struck down for its failure to define criminal offenses with clarity, leading to potential abuse and discrimination in its enforcement. This decision marks a significant step in safeguarding freedom of expression in India.