Scrapping Section 66A: Does it Serve The Purpose?

BENGALURU: Quashing of the controversial provision—Section 66A under the Informational Technology Act has received a wide and universal appraisal. Perhaps this is one of the most liberal steps taken by the Supreme Court, the ultimate mouth piece of India. The popular view is that revoking the unreasonable restrictions under Section 66A would allow better freedom of speech and expression in India. True, but isn’t the Supreme Court missing out on the ways in which the scrapping of such provision harm the country?

Business Standard observed few crucial points, which say that this decision may not be right for some good reasons. The much hue and cry about revoking the act, subside the cyber crime that was covered under the act, which users will now be vulnerable to. There are some strong instances which prove that cyber crime was curbed with the help of Section 66A.

 Section 66A contained legal remedies against cyber crimes like stalking, bullying, threatening via Email and SMS, phishing and spamming. Who would the citizens now look up to, if any such situation arises? It is those high-profile arrests in the past that showcased the ugly side of the ‘draconian’ act, but one cannot deny the fact that the act was necessary to save the victims of cyber crimes. Cyber crime is a new form of menace in the new age and now there arises a need for another set of laws to regulate them.

The Supreme Court and the people who are celebrating the cause might have to reconsider how to deal with cyber crimes without sidelining the issue all together. Section 66A, prior to its scrap defined that those who are found sending ‘offensive and objectionable’ messages or mails through any electronic device can be sentenced for three years in jail. In order to save such victims the Supreme Court must segregate the ‘objectionable’ matters.

There is a provision under the Indian Penal Code’s Section 499 and 500 which take care of it in the physical world. Since Section 4 of the IT Act brings electronic information at par with physical documents, the same provision can be applied to save the genius cases of defamation at least. There are other provisions to cover extortion and threat, but they may or may not suffice to deal with issues considering the internet world.

Also Read: Section 66A Quashing A Victory For Internet Users: IAMAI
Section 66A Quashed: Key Points To Know