Section 66A of the Information Technology Act will be back on the statute books, with modifications, as per the current plan of the government, reported the PTI.
The ministry of home affairs has constituted a committee to examine the implications of the Supreme Court’s March judgment repealing the section, and to suggest changes in the section that will make it fully compatible with the constitution, according to telecom minister Ravi Shankar Prasad’s statement in the parliament.
Another committee chaired by former law commission secretary TK Vishwanathan will study the Supreme Court’s judgment and suggest a “road map” with measures and amendments.
Section 69A, which was also challenged before the Supreme Court but was not ruled unconstitutional in its judgment in March, was invoked by the government to block 857 porn sites in India this weekend, as reported by Legally India.
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Supreme Court cannot repeal any law. It can only declare it to be unconstitutional. An unconstitutional law remains on the statue book but as a void unless specifically repealed.
We have changed the language of that sentence now.
Best wishes,
Prachi
Section 69A of IT Act provides power to government for blocking websites but the grounds are narrower than Art. 19(2).
Art.19
19. Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
......
(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
Section 69A of the IT Act, DOES NOT have "decency or morality" as a ground!
69A. Power to issue directions for blocking for public access of any information through any computer resource
(1) Where the Central Government or any of its officer specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.
This will definitely be challenged as a deliberate "moral" policing of the internet by the Government!
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