UPSC 2013 Mains GS2 Model Answer - Discuss Section 66A of the IT Act, with reference to its alleged violation of Article 19 of the Constitution.
Mayuri
Feb, 2025
•1 min read
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.
Instant Mains Evaluation with SuperKalam
Your Personal AI Mentor to guide you in your entire UPSC journey!
Ready for a Smart & an Efficient
preparation?


Related Blogs

2 min read
UPSC 2015 Mains GS3 Model Answer - Controversial Provisions of AFSPA & Allegations of Human Rights Violations
SuperKalam
Feb, 2025

3 min read
UPSC GS3 Model Answer UPSC Mains 2023 Electric Vehicles Carbon Emission Reduction Benefits
SuperKalam
Feb, 2025

2 min read
UPSC GS2 Model Answer UPSC Mains 2023 Sea and Cosmos Role of IMO in Maritime Safety
SuperKalam
Feb, 2025