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 ground of causing public disorder.The court then went on to say that Section 66A actually had no proximate connection with public order or with incitement to commit an offence.
Section 66A of the IT Act had been enacted to regulate the Social Media Law India and assumes importance as it control and regulates all the legal issues related to Social Media Law India. This section clearly restricted the transmission, posting of messages, emails, comments which could be offensive or unwarranted. The offending message could be in form of text, image, audio, video or any other electronic record which is capable of being transmitted.
