Social Media and Cyber Law for DSCI Infosec event - Prashant Mali Section 66A of the IT Act,2000 and freedom of expression on internet and social networking websites

1. Social Media & Cyber Law
Does restricting access to social media
limits one’s individual
freedom of speech & expression?
Advocate Prashant Mali
MSc(Computer Science), LLB, LLM, CCFP, Phd(Persu.)
President – Cyber Law Consulting (Advocates & Attorneys)
Lawyer , Author & Speaker

2. Social Media & Cyber Law
Article 19(1)(a) of The Constitution of India
guarantees the
freedom of speech and expression
&
Article 19(2) permits reasonable
restrictions in the interests of – inter alia –
“public order, decency or morality”.

3. Social Media & Cyber Law
• Public Order When to be Invoked?
The Court has held that “public order” may only
be invoked if there is a direct and immediate
relation between the offending speech and a
public order disturbance – such as, for instance,
a speaker making an incendiary speech to an
excited mob, advocating imminent violence .
Ram Manohar Lohia , 1960 case

4. Social Media & Cyber Law
• When Morality is Invoked?
• As held in Ranjit D. Udeshi Case,1964 to be
invoked when pornographic materials are
concerned

5. Social Media & Cyber Law
Is Section 66A Restricting Free Speech on Social Media ?
A. The SC bench said "this law does not silence you. It
stops you from saying something offensive. It does not
injunct you from speaking, rather, it injuncts you saying
something offensive. Freedom of speech does not mean
you are free to say anything to anybody." The terms like
"grossly offensive" and "menacing character" of an
information are not so "vague and any educated person
and even uneducated persons understand their
meaning,“
10th December 2014 Wednesday in Supreme Court

6. Social Media & Cyber Law
But is Grossly Offensive & Menacing Character Defined
somewhere ?
Ans : NO
What is the problem Then ?
Ans: It is left to Police Officer for Interpretation
So What ?
Ans: Two Palghar Girls arrested to curb free speech
resulted in their speech being broadcast across the
country on social media, print media & television.
So What
This brought in a Chilling Effect

7. Social Media & Cyber Law
• What is a Chilling Effect ?
Chilling effect is a term in law and communication
that describes a situation When speech is penalized,
people will ,out of fear and caution, exercise self-censorship,
and the political discourse will be
diminished
In Ram Jethmalani v Subramaniam Swamy, The
Delhi High Court observed: “if a person is under fear
of being sued, he may not express himself freely on
public issues, and this would chill the public debate.”.

8. Social Media & Cyber Law
Exodus of North-East People
Government reacted by restricting only 5 SMS
per day to regulate the Speech
What Happened ?
People went to WhatsApp, BBM & Twitter and
these platforms are hard to regulate by
Government & LEA.
The Net interprets censorship as damage and
routes around it .. John Gilmore , S/W Developer

9. Social Media & Cyber Law
What could be the solution to Section 66A
Ans:
1. Guidelines to be made explaining with illustrations what is
“Grossly Offensive or having menacing character”
2. Defining or Removing words like annoyance
3. Provision to increase the penalty with the gravity and
repeat occurrence of offence
4. Awareness amongst citizens about what speech is
offensive and what is not.
5. Teaching Language & Etiquettes of Social Media in School
probably in “Community Living Subject”

10. Social Media & Cyber Law
Social Media is a good media in the hands of
common man to express his views and thoughts,
but wrongly wordings or defamatory speech can
destroy some ones life and dignity.
Social Media while enhances freedom of speech
& expression but simultaneously brings in
danger of violating the Law if prudence is not
used.

11. Social Media & Cyber Law
Thank You
prashant.mali@cyberlawconsulting.com
Mobile : +919821763157
Twitter: @CyberMahaGuru
www.prashantmali.com