This replaces the now-defunct Section 66A of the Information Technology Act, which made posting ‘offensive’ comments online a punishable crime.
Kerala Governor Arif Mohammed Khan has signed the Kerala Police Act Amendment ordinance, envisaged by the Left government in the state to prevent cyber attacks against women and children which the opposition had alleged would curtail freedom of expression. Last month, the state cabinet had decided to give more teeth to the Police Act by recommending addition of Section 118-A. This replaces the now-defunct Section 66A of the Information Technology Act, which made posting ‘offensive’ comments online a punishable crime. A Raj Bhavan source confirmed to PTI that the Governor, who had come back to the official residence recently after recovering from the COVID-19, signed the ordinance which had triggered widespread row in the southern state. The addition stipulates either imprisonment for up to five years or a fine of up to Rs 10,000 or both to those who produce, publish or disseminate content through any means of communication with an intention to intimidate, insult or defame any person through social media. The opposition parties had alleged that the amendment would give more power to the police and also curtail the freedom of the press, the charge which was rejected by Chief Minister Pinarayi Vijayan saying the decision had been taken based on factors such as abuse of social media to tarnish the image of individuals. However, experts disagreed with Kerala’s move, and have cautioned against it. When the Supreme Court struck down Section 66A of the IT Act and Section 118D of the Kerala Police Act, it held speech to a standard where advocacy is fine but incitement to violence is not, journalist Nikhil Pahwa had earlier told TNM.. “I would doubt that this will survive constitutional scrutiny of the Supreme Court. The Kerala government would do well to not impose such draconian considerations on citizens, and learn from the mistakes they made with Section 118-D,” he had said. The LDF government had said it had moved the amendment over the rising crime graph, fake propaganda and hate speech on social media since the outbreak of COVID-19, and added that since cyber attacks are a major threat to private life, it decided to amend the Police Act stating that existing legal provisions were inadequate to fight such crimes. The Kerala government had maintained that while the Supreme Court had repealed section 66-A of the IT Act and Section 118 (d) of the Kerala Police Act on the grounds that these were against freedom of expression, the Centre has not introduced any other legal framework. "In this scenario, the police are unable to deal effectively with crimes committed through social media," the government had said. However, experts disagree. Technology lawyer and digital rights activist Mishi Choudhary said there are enough laws under the Indian Penal Code for this. She also added such knee-jerk attempts which seek to address a deeper problem with a criminal punishment “end up in harassment of common people and to settle political scores. It will be tested per the Constitution and won't stand scrutiny,” Mishi said, echoing Nikhil’s point. She had also said that they should move towards prescribing civil remedies instead of jail terms. With PTI inputs
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