Indian Supreme Court decision a victory for freedom of speech online

A man looks at his smartphone in Delhi on Tuesday after a court ruling relating to free speech online. Photo: AP

New Delhi: The Indian Supreme Court has struck down a section of a law that allowed the authorities to jail people for offensive online posts, in a judgment that was regarded as a landmark ruling on free speech in India.

The law stipulated that a person could be jailed for up to three years for any communication online that was, among other things, "grossly offensive", "menacing" or "false", and for the purpose of causing "annoyance","inconvenience" or "injury".

The provisions, which led to highly publicised arrests in recent years, had been roundly criticised by legal experts, who called them vague and argued that they had been used in some cases to stifle dissent.

A man surfs the internet on his smartphone outside a railway station in Mumbai on Tuesday. Photo: AP

Calling the wording so vague that "virtually any opinion on any subject would be covered by it", the court said "if it is to withstand the test of constitutionality, the chilling effect on free speech would be total".

Sunil Abraham, the executive director of The Centre for Internet & Society, which is based in Bangalore, called the decision "amazing".

"It is in continuation of a great tradition in India: that of apex courts consistently, over the years, protecting the citizens of India from violations of human rights," he said.

A store assistant demonstrates a smartphone to customers in Delhi. Photo: Bloomberg

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Indian Supreme Court decision a victory for freedom of speech online

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