The provision under section 79(3)(b) will now make it necessary to take legal permission from a court to takedown any content with some Exceptions
NASSCOM today welcomed the Supreme Court’s judgement on Section 66A of the Information Technology Act terming it as ‘unconstitutional’. This landmark ruling upholds the fundamental right to freedom of speech and expression given under the Constitution of India.
Further, Supreme Court’s reading down of the provision under section 79(3)(b), will now make it necessary to take legal permission from a court to takedown any content with the exception that the government can still issue orders to block access to websites under 69A rules. This will reduce liability on intermediaries and will go a long-way in setting up a free, fair and independent ecosystem.
Expressing his views on the development, Mr. R. Chandrashekhar, President, NASSCOM, said, “Internet as a medium is meant to be free and transcend territorial borders with minimal regulation and monitoring. The IT Act has well served the objective to provide the legal framework for data security and internet laws in the country. The changes enabled by the Supreme Court judgement would provide much needed boost to the citizens of the country and help the objective of a digitally connected India. NASSCOM will continue to work with the government to formulate rules & provisions for effective governance.”