Unconstitutionality of sec 66a of information technology act 2000

Sec 66a of Information Technology Act 2000 has been widely criticized. This criticism came
after numerous arrest held under sec 66a of information technology act. Cases like in which
Jadavpur university professor Ambikesh Mahapatra was arrested for drawing cartoon about west
Bengal chief minister Mamta Banerjee, businessman Ravi Srinivasan in Puducherry for an
allegedly defamatory tweet against son of union finance minister P. Chidambaran, two AIR
INDIA employees who were jailed for 12 days for allegedly defamatory remarks on orkut and
facebook against a trade union leader and a politician, and a case where two girls were arrested
for a comment posted on facebook which questioned the Mumbai shutdown following the death
of Bal Thackery. The two girls were arrested for sending grossly offensive and menancing
message through a communication device. This very case rocked the nation and raised a question
about the constitutionality of sec 66a of information technology act 2000.

Research Questions
(1) Why sec 66a should be held unconstitutional?
(2) How is it prone to be abused?
Sec 66a provides punishment for sending offensive messages through a communication device.
Sec 66a is unconstitutional because it violated fundamental right to freedom of speech and
expression under art 19(1) of Indian constitution. Furthermore it penalizes speech and expression
outside the purview of the reasonable restriction contained in art 19(2) of the Indian constitution.
Art19(2) talks about reasonable restrictions on the right of freedom and expression when the
same is in the interests of public order, decency, morality, contempt of court, sovereignty and
integrity of the country and security of the country. Sec 66a penalizes on the ground of
annoyance, inconvience, danger obstruction, insult, injury, criminal intimidation, enimity, hatred
or ill-will. These words has wide meaning and could be subjectively interpreted.
This sec 66a is prone to abuse by police authority. They may arrest any person under this section
on the say of politician if the statement made against them is hurting them in many manner.
These politician can easily arrest those persons. For example the case in which two girls were
arrested for commenting on facebook against the Mumbai shutdown following the death of Bal
Thakeray. Also the politicians are not arrested even if they comment same level of offensive post
on facebook. Like subramaniyam Swamy posting many offensive posts on facebook.
This shows the abuse of sec 66a of it act by politicans.