Good news for Social Media users:
- M K Gupta, Jt. Secy. and Media Advisor, Dwarka Forum.
Supreme Court upholds freedom of speech on Net. Strikes-down draconian law. The act was challenged by a 24-year girl, an old law student by filling a PIL.
Court says How can law enforcement agencies decide what is offensive?
What may be offensive to a person may not be offensive to another.
The Court has, however, allowed govt to block websites if their content has potential to create communal disturbances, social disorder or affect India’s relationship with other countries.
Comments of the Supreme Court:
Govt. may come and govts may go but Sec 66A goes on forever. An assurance from the present govt even if carried out faithfully would not bind any successor govt.
It creates (Sec. 66A) an offence which is vague and overboard, and, therefore, unconstitutional.
Law may be made curtailing speech or expression that leads to/ tends to cause public disorder… affects sovereignty and integrity, security of India
Reactions:
Harish Salve- It is superb judgment.
Soli J Sorabjee: It is well researched, well reasoned ……… .
Renu Srivnivasan – (the girl who was arrested for liking a face book post says):
"I am very happy today, I feel that justice has been granted to me after two years. Now not one has to be afraid of saying right things".
Face Book Post on 12th Nov. 2012 by Shaheen which was liked by Renu after the death of Shri Bal Thackeray:
“Everyday thousands die. But still the world movers on. Just due tone politician dead. A natural death. Everyone just goes crazy. They should know. We are resilient by force, not by choice. When last did any one show some respect or even 2 mins silence for Bhagat Singh, Azad, Sukhdev… Respect is earned, not given… not forced. Today Mumbai shuts down”