Proactive tracking will ‘make suspects out of people’: Petitioner of 66A SC judgment  

Context: Privacy activist and lawyer Shreya Singhal said the government’s move to ask ‘significant social media intermediaries’ to have automated tools to proactively track certain words is akin to active hunting, and will make suspects out of people.

Background:

• It was on Singhal’s plea that the Supreme Court had in 2015 struck down Section 66A of the Information Technology Act, saying that the provision “clearly affects” the fundamental right to freedom of speech and expression, guaranteed by the constitution.

Section 66(A) of the IT Act:

• Section 66(A) of the Act criminalises the sending of offensive messages through a computer or other communication devices.
• Under this provision, any person who by means of a computer or communication device sends any information that is:
  • grossly offensive;
  • false and meant for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
  • meant to deceive or mislead the recipient about the origin of such messages, etc, shall be punishable with imprisonment up to three years and with fine.

Information Technology Act, 2000:

• The Information Technology (IT) Act, 2000 provides for legal recognition for transactions through electronic communication, also known as e-commerce.
• The Act also penalizes various forms of cyber crime.
• The Act was amended in 2009 to insert a new section, Section 66A which was said to address cases of cyber crime with the advent of technology and the internet.

https://indianexpress.com/article/technology/tech-news-technology/proactive-tracking-will-make-suspects-out-of-people-petitioner-of-66a-sc-judgment-7213220/