Q2. Discuss Section 66A of the IT Act, with reference to its alleged violation of Article 19 of the Constitution.

Model Answer:

Introduction

Section 66A of the Information Technology Act, of 2000, criminalized sending “offensive” or “menacing” messages via electronic communication, prescribing penalties for messages deemed annoying, inconvenient, or causing insult. However, this section faced widespread criticism for its alleged infringement on Article 19(1)(a) of the Indian Constitution, which guarantees the right to freedom of speech and expression.

Body

Key Issues with Section 66A:

• Ambiguity and Subjectivity: Terms like “offensive” and “menacing” lacked clear definitions, leading to arbitrary interpretations and misuse.
• Chilling Effect on Speech: The fear of legal action discouraged individuals from freely expressing opinions online, curtailing legitimate dissent.
• Contradiction to Article 19: The section limited freedom of expression beyond what is “reasonable restriction” under Article 19(2), which permits restrictions only in specific situations like public order and decency.

‍Conclusion

‍The Supreme Court struck down Section 66A in 2015 in Shreya Singhal v. Union of India, recognizing it as unconstitutional and affirming that vague restrictions threaten democratic freedoms.

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