SC Strikes Down ‘Draconian’ Section 66A

Section 66A of the Information Technology Act is unconstitutional in its entirety, the Supreme Court ruled in March 2015.In the judgment, the court said the liberty of thought and expression was a cardinal value of paramount significance under the Constitution. Three concepts fundamental in understanding the reach of this right were discussion, advocacy and incitement. Discussion, or even advocacy, of a particular cause, no matter how unpopular it was, was at the heart of the right to free speech and it was only when such discussion or advocacy reached the level of incitement that it could be curbed on the ....

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