Arrests over Internet comments ruled unconstitutional in India

NEW DELHI, March 24 (UPI) -- India's controversial Information Technology Act Section 66A that allowed police to arrest people for comments posted on the Internet has been ruled unconstitutional.

India's Supreme Court said the law violated people's fundamental right to freedom of speech and expression. Several people have been arrested for posting comments on Facebook and Twitter in recent years.

The law was challenged by law student Shreya Singha after two young women were arrested -- one was arrested for "liking" someone else's Facebook comment, who was also arrested. Singha said the ruling created a day of triumph for free speech.

The Bench of Justices Jasti Chelameswar and Rohinton Nariman said the provision had no relationship with the public order, lacked defined criteria for it to be exercised and made no distinction between discussion and incitement.

The government defended the law, stating it was meant as a deterrent for people uploading offensive material.

The court upheld rulings stating intermediaries are liable for removing objectionable content after government notification.

The Internet and Mobile Association of India [IAMAI] called the verdict a "momentous victory for the 302 million strong Internet users in India".

Congress leader and former Minister of Finance Palaniappan Chidambaram also welcomed the ruling.

"The section was poorly drafted and was vulnerable. It was capable of being misused and, in fact, it was misused," Chidambaram said. "There could be a case of misuse of the freedom of speech. In such cases, the ordinary laws should apply and the offender should be dealt with under those laws. If some provisions of the law have to be strengthened, that could be considered. But Section 66A was not the answer."