Context:
Section 66A of the Information Technology Act ("IT Act"), 2000, was enacted into the statute through an amendment in 2008. The section penalised the sending of "offensive messages" via online communication however failed to define the term “offensive”. Owing to excessive vagueness, the provision was often abused by enforcement authorities and ran the risk of having a chilling effect on free speech on the internet. In 2015, the section was deemed unconstitutional by the Hon’ble Supreme Court of India in Shreya Singhal v Union of India (2015) 5 SCC 1. However, despite repeated directions by the Supreme Court, the most recent in 2019, the provision continues to be invoked across the country.
We're collaborating with the Internet Freedom Foundation (IFF) to create a database of all cases registered under this provision since its inception. This dataset shall further help IFF and other stakeholders insights in strengthening the advocacy efforts to ensure that S. 66A dies a complete constitutional death.
In partnership with:
