But what about Section 69A?

As your social media timeline is flooded with news of a pathbreaking verdict by the Supreme Court of India on freedom of speech, there is reason to pause. While holding that Section 66A of the Information Technology (Amendment) Act, 2008, is unconstitutional and laying down guidelines for online takedowns under the intermediary rules, the court, in Shreya Singhal vs Union of India, has upheld Section 69A and the blocking rules framed under it.

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Shreya Singhal v. Union of India, AIR 2015 SC 1523

In this case, the Supreme Court of India has invalidated Section 66A of the Information Technology Act, 2000. The provision, which penalized the dissemination of information causing annoyance, inconvenience, or insult, was found to be unconstitutionally vague and overly broad. The petitioners contended that Section 66A’s protections exceeded the permissible restrictions on freedom of speech under Article 19(2) of the Indian Constitution. The Court concurred, stating that the provision’s undefined terms could unjustly curtail a significant amount of protected speech.

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