Volume : V, Issue : V, May - 2015
FREEDOM OF SPEECH RESTORED– 66A OF IT ACT STRUCK DOWN–A CASE COMMENTARY
Neeti Gupta
Abstract :
It is a case commentary on the recent landmark judgment (Shreya Singhal v Union of India) declå Section 66A of the IT Act 2000 which allows arrest of a person for posting allegedly "offensive" content on websites, as unconstitutional. This comes in the background of a slew of arrests made under section 66A thereby violating the right to freedom of speech and expression enshrined in Article 19(1)(a) of the Constitution. The court has struck a perfect balance between the right to freedom of speech and the reasonable restrictions under Article 19(2). Court has attacked its inherent vagueness, the absence of definitions for terms used in it and the conspicuous lack of mens rea. This law arbitrarily, excessively and disproportionately invades the right of free speech and has no proximate connection with incitement to commit an offence. Court has relied heavily on American judgments to delve deeper into the impact and content of free speech. Judgment heralds a victory of free speech in India.
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DOI : 10.36106/ijar
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Neeti Gupta FREEDOM OF SPEECH RESTORED– 66A OF IT ACT STRUCK DOWN–A CASE COMMENTARY Indian Journal of Applied Research, Vol.5, Issue : 5 May 2015
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Neeti Gupta FREEDOM OF SPEECH RESTORED– 66A OF IT ACT STRUCK DOWN–A CASE COMMENTARY Indian Journal of Applied Research, Vol.5, Issue : 5 May 2015
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