Right to Freedom of Speech vs Section 66A IPC

Freedom of Speech

Expressing your own feelings is a way of Speech, at times. The feeling may be of anger, resentment, happiness or of love-one needs to speak in a certain way in order to communicate.

 The online world is different,with the social networking sites being popular one can express his/her feeling on a platform that’s visible or can be shared to one & everyone.
  RIGHT FOR FREEDOM OF SPEECH,as given in Article 19A,Fundamental rights in Indian Constitution says, can remain suspended in case of Emergency imposed by the Nation or in a State.
 but the recent cases,of a Girl liking and commenting on a Facebook post brought up the  controversy of to what extent can one can exercise the  rights !
 Let’s first see what does Section 66A of Indian Penal court lays down,it says –

66A. Punishment for sending offensive messages through communication service, etc

 Any person who sends, by means of a computer resource or a communication device,-

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages.

We can see that,66A defines the term “Grossly offensive” & “Menacing Character” quite vaguely,for something can be offensive for certain person and for someone else it might not be offensive.
Due,to the ambiguity in the definitions there’s nothing certain of such type of cases.

We as citizens of India,should be able to exercise our rights in a way and not bound for expressing out our feelings even on the social network sites.We just express our feelings in a way so that people around us understand know what we feel about a certain thing even if it’s on the Internet.

There’s a need to amend or give proper definitions to the various laws in the IT ACT of India.

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