India's top court affirms people's right to free speech on Internet

New Delhi India'stopcourtaffirmed people's right to free speech in cyberspace Tuesday by striking down a provision that had called for imprisoning people who send "offensive" messages by computer or cellphone.

The provision, known as Section 66A of the 2008 Information Technology Act, had made sending such messages a crime punishable by up to three years in prison.

In its ruling, theSupremeCourtsaid the provision was "clearly vague" in not clarifying what should be construed as offensive. It also said the provision violates people's freedom of speech and their right to share information.

"The public's right to know is directly affected," the judges said in deeming the provision unconstitutional.

A law student who filed the challenge in 2012, Shreya Singhal, applauded thecourt'srejection of a provision she said was "grossly offensive to our rights, our freedom of speech and expression."

"Today theSupremeCourthas upheld that, they have supported our rights," Singhal said. "I am ecstatic."

The law has been invoked in at least 10 recent cases, most often involving criticism of political leaders.

In 2012, a chemistry professor and his neighbor in Kolkata were arrested for forwarding a cartoon that made fun of West Bengal's top elected official, Mamata Banerjee.

Police arrested a man last year for saying on Facebook that Prime Minister Narendra Modi, then still a candidate, would start a holocaust inIndiaif elected to office.

And last week, police in the northern state of Uttar Pradesh arrested a teenage student for posting comments on Facebook he attributed to a top state minister.

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India's top court affirms people's right to free speech on Internet

Government not in favour of curtailing communication on social media, says Ravi Shankar Prasad – Video


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India's Supreme Court protects freedom of speech — strikes down 'unconstitutional' IT Act Section 66A

Its a big day for freedom of speech in India. The countrys Supreme Court today scrapped an ambiguous and controversial law which governed the consequences of posting sensitive and offensive content on the web. The ruling challenges the IT Act, including Section 66A, Section 79, and Section 69. With this decision the Supreme Court -- the highest judicial forum and final court of appeal under the Constitution of India -- ruled against the Central government which had defended the section.

The bench which consisted of Justice Chelameswar and Justice Rohinton Fali Nariman struck down Section 66A of the IT Act. For a refresh, the Section 66A orders 3 years imprisonment for anyone making offensive statements on the web; Section 79 forces the intermediary to take down the content from the web; and Section 69 allows blocking of online content.

Over the past couple of years, as an increasing number of Indians started connecting to the internet for business, education, health, entertainment, and other purposes, the laws defined in the IT Act started to seem out-of-date, unclear, and -- in some cases -- irrelevant. Today Justice Nariman sheds lights on the "three aspects of freedom of expression: discussion, advocacy and incitement", and notes that only when the discussion and advocacy reach the level of incitement that we apply Article 19 (2). The article in question allows restrictions on freedom of speech whenever applicable.

Today, Nariman also admitted that what could be offensive and annoying to one may not be observed as same by others. "Governments come and governments go, the law persists. And the law must be judged on its own merit. 66A is invalid and it cannot be saved even if the government says it won't abuse the law," he added.

The government, however, still supports Section 69, which gives it the power to block offensive content, whenever applicable. Section 79 and the IT rules are also subject to reasonable restrictions whenever applicable, but an intermediary will be provided with a court order or a government order. This is interesting, but it still leaves a possibility that the law could be misused. We will see how this shapes up in the months to come.

The ruling has given millions of Indians a hope of freedom of speech on the internet. The 66A had users "punished for sending offensive messages through communication service, etc.". Furthermore, if the content sent by a user via a communication device was found "grossly offensive" or of "menacing character", or caused "annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill", it was treated with imprisonment for a term which may extend to three years and a fine.

Because of its ambiguous nature, Section 66A act was often misunderstood and misused. In the past, we have seen several incidences when people were arrested because they clicked on the Like button on Facebook, or shared something offensive. In 2012, two girls were arrested over a Facebook post. Last December, Indian government had ordered a ban on more than 52 websites including Vimeo, Archive.org, and Github because the local government found some content on the websites as offensive.

Image Credit:nenetus /Shutterstock

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India's Supreme Court protects freedom of speech -- strikes down 'unconstitutional' IT Act Section 66A

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".

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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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Search the skies with the Bradford Robotic Telescope

A view of the Whirlpool Galaxy taken by the Hubble Telescope. The Bradford Robotic Telescope offers you the chance to search it for supernovas over the next month Photograph: HO/Reuters

The Bradford Robotic Telescope sits more than a mile above sea level on the rim of an old volcano on Tenerife in the Canary Islands. The telescope, part of the Teide Observatory, captures stunning images of the night sky from one of the best sites for astronomy in the world.

From 24th March, for a month, we are making the telescope available free to Guardian readers to look at objects that feature prominently in the sky. To use the telescope yourself, just click here and register for free observing.

So what objects can you take a look at? Below I describe some of the more striking features that the telescope can take images of in the coming month, that you might want to explore.

Jupiter has more than 60 moons. The four largest, Io, Europa, Ganymede and Callisto are known as the Galilean moons after Galileo Galilei, who observed them in the early 17th century. Through the telescope website, you can submit a number of requests for images that will capture the moons spread out on each side and crossing the face of Jupiter, revealing them as they appeared to Galileo.

Discovered in 1764 by Charles Messier, the Dumbbell Nebula lies 1,360 light years from Earth in the constellation of Vulpecula. The nebula is what remains of a star that once resembled our own sun. The gas stretches across 4.5 light years of space and is heated by an Earth-sized hot central core, called a white dwarf. A spoonful of the core weights a tonne.

A spiral galaxy with arms of stars and dust, the Whirlpool galaxy lies 30 million light years from Earth. The galaxy is in the process of merging with a smaller galaxy, a fate that lies ahead for the Milky Way and the Andromeda galaxy, though not for another two billion years. A supernova was spotted in the outer regions of the Whirlpool galaxy on June 2nd 2011, another one in 2005 and one in 1997. Thats surprising. Perhaps you will spot one too.

A cluster of hundreds of thousands of stars crowded into a region 150 light years across. The cluster is 25,100 light years away and has at its heart a medium-sized black hole which catapults smaller black holes into the depths of space.

Take a number of images and watch it through the month. Where would you like to go on your lunar holiday? The Earth is the best view from the moon: four times the size that the moon appears to us, and much brighter with the cities visible in the dark part. From the moon, the Earth phases look just like those of the moon, but unlike our moon it doesnt appear to move. Instead it is visible in the same place in the sky all the time.

Take the full vista of the beautiful Tenerife sky with the constellations in view. Try Orion, followed by the dog star Sirius with its white dwarf companion. How would you fit the mythical gods into this?

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Search the skies with the Bradford Robotic Telescope