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Indian Supreme Court Strikes Down Law Against Posting 'Offensive' Content Online

palemantle writes: The Indian Supreme Court has overturned the controversial Section 66A of the IT Act which included a provision for a three-year jail term for sending "offensive" messages through a "computer resource or a communication device." In its judgement, the Supreme Court held "liberty of thought and expression as cardinal" and overturned the provision (66A) deeming it "unconstitutional." It's been in the news recently for an incident involving the arrest of a high school student for posting allegedly "offensive" content on Facebook about a local politician.

54 comments

  1. This is why... by Anonymous Coward · · Score: 1, Insightful

    ...i use slashdot and not facebook

    1. Re:This is why... by invictusvoyd · · Score: 3, Interesting

      But nobody cares about local polititions on slashdot ..

  2. What is "offensive" in their legal system? by Tablizer · · Score: 0

    Which one would get me jailed there?

    Angle 1: "Your claim is a steaming pile of shit!"

    Angle 2: "Your logic resembles the quickly-disintegrating chemical bonds as found in recently-emerging solid waste products of typical mammals."

    1. Re:What is "offensive" in their legal system? by Dutch+Gun · · Score: 2

      Neither, now that it's been found unconstitutional.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    2. Re:What is "offensive" in their legal system? by invictusvoyd · · Score: 2

      Depends on whom you address it to .

    3. Re:What is "offensive" in their legal system? by Tablizer · · Score: 1

      I meant before.

    4. Re:What is "offensive" in their legal system? by Dutch+Gun · · Score: 2

      I'd guess the general answer is: "Anything that pisses off a person in a position of authority."

      The articles don't really get into specifics, but here's one example:

      The first PIL on the issue was filed in 2012 by law student Shreya Singhal, who sought amendment in Section 66A of the Act, after two girls -- Shaheen Dhada and Rinu Shrinivasan -- were arrested in Palghar in Thane district as one of them posted a comment against the shutdown in Mumbai following Shiv Sena leader Bal Thackeray's death and the other 'liked' it.

      Translated into the US equivalent (as near as I can tell), if you said "I don't think the city of Trenton, New Jersey should be shut down for a day just because Governor Chris Christie died from a heart attack." (probably worded less politely, knowing teenagers), and then your friend "liked" that statement on Facebook, you BOTH could be arrested.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    5. Re:What is "offensive" in their legal system? by gl4ss · · Score: 1

      it's better than that.

      just being an "annoyance" was enough.

      and sure enough, critique of the system was an annoyance to people in power so...

      --
      world was created 5 seconds before this post as it is.
    6. Re:What is "offensive" in their legal system? by K.+S.+Kyosuke · · Score: 1

      So, does that mean that blasphemy has also been retracted as an Indian legal concept?

      --
      Ezekiel 23:20
  3. What is "offensive"... by msobkow · · Score: 3, Interesting

    What is "offensive" is politicians who try to censor discontent with their policies and behaviour. I realize it's mere fantasy, but politicians should always be held accountable under both the law and public opinion. They're supposed to be there to represent us, not line their own pockets.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:What is "offensive"... by Anonymous Coward · · Score: 2, Insightful

      But that doesn't stop the Republicans. That's why it's so hard to find porn on the Internet.

    2. Re:What is "offensive"... by fustakrakich · · Score: 1

      They're supposed to be there to represent us, not line their own pockets.

      Look at the reelection rates, and tell me where is there any incentive to change anything.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:What is "offensive"... by fustakrakich · · Score: 1

      And it's getting harder to tell India from Indiana... But hey, same problem worldwide.

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:What is "offensive"... by Anonymous Coward · · Score: 0

      I guess you skipped the 2010 elections in the US.

      GLMDesigns - already modded posts

    5. Re:What is "offensive"... by Anonymous Coward · · Score: 0

      But that doesn't stop the Republicans. That's why it's so hard to find porn on the Internet.

      What about this statement makes sense? The democrats are just as likely to try censoring people (and have been, look at the UK), and it is not hard to find porn on the internet no matter where you live. If it was some kind of joke, sorry, it flew right over my head.

  4. Incidentally... by fuzzyfuzzyfungus · · Score: 4, Funny

    It isn't every day that you see a law that would make posting a copy of itself online a punishable act...

    1. Re:Incidentally... by Anonymous Coward · · Score: 0

      It isn't every day that you see a law that would make posting a copy of itself online a punishable act...

      Copyright law springs to mind, and every one of the "secret laws" tyrannies like to use.

  5. World War III by OrangeTide · · Score: 0, Flamebait

    So when some random loud mouth on India's side decided to post Mohammad jokes, is this going to devolve into a shooting war with Pakistan? And would the US and EU side with India, and the League of Arab States side with Pakistan. And next thing we're all fighting a multi-theater war triggered by something disproportionally small?

    ps - I'm an American and was raised to believe the right to free speech is sacrosanct. But India's neighbor's aren't quite as friendly as the US's, and there can be serious repercussions to what would ordinarily be a purely domestic issue. While Pakistan's current government (the PML-N party) is fairly stable and has generally been interested with cooperating and trade with the US, EU and China, the PML-N has always been at odds with India of Kashmir, and the current PM was the same individual who escalated the nuclear tension in the region by ordering the first nuclear tests in Pakistan.

    --
    “Common sense is not so common.” — Voltaire
    1. Re:World War III by fuzzyfuzzyfungus · · Score: 1

      People who react badly to having their precious little feelings hurt rarely improve through being carefully coddled and pandered to. If anything, they tend to reach the (fairly sensible, if everyone is busy justifying it) conclusion that threatening violence is an effective way to get what you want; which encourages them to push for additional concessions. And there is always something else on the list, even if you agree to everything initially demanded of you.

      This is not to say that the exercise of free speech is a risk-free activity that has never been the (proximate) cause of a nasty flare-up between the opinionated assholes of history; such a claim would be trivially false: some of history's arguments have gotten downright ghastly. It's just that situations that need only a little talk to turn violent tend not to be ones that were in the process of just simmering down and solving themselves until those pesky free speech absolutists came in and ruined things. Rather, such situations are usually festering merrily away, just looking for an excuse. That's the main reason why it's so easy for trivial slights, sometimes even ones that were merely rumored to have been committed; with no solid evidence of anything actually having happened(see also: witch hunts, lynch mobs) to set them off: They want a reason, any reason, doesn't really matter much if it's any good or not, for some good, cathartic, violence.

      India has had its share of moderately nasty mob violence along sectarian lines; and probably hasn't seen the last of it. Is it possible that somebody's inflammatory comment/video/whatever will be the proximate cause of another bout? Sure, totally plausible. Will it be the actual cause; or will criminalizing saying mean things on the internet to anything useful to address the underlying tensions or prevent some other, equally spurious, incident from kicking off the violence instead? Not very likely.

    2. Re:World War III by gl4ss · · Score: 1

      dunno, you kind of sound like you have no idea what the law was used for. you think it was used for banning muslim caricatures? noooope. it wasn't for that. it was more for banning you from whistleblowing that the local mayor is an asshole.

      first, it wasn't even about offensive, just being annoying was enough. even if you were speaking the truth. so it was too broad of a law and used mainly for politics.

      and really pakistan has enough problems of it's own without doing anything - furthermore if you were going to ban everything that's potentially offensive or blasphemous in the pakistan/indian/myanmar region - you would need to ban everything and even banning everything would be offensive to some fuck in the region.

      images of buddha? sure, offensive. have a buddhist monk selling images of buddha? yeah sure, whatever, so it's not offensive. unless you ask some other guy who says that it is offensive. saying that beef tastes good? yeah offensive, no wait it's not, no wait it's saying that pork is good that's offensive... and majority of these nations have majority of the people living - up until this point in history - in a little bubble world of their own covering 20 kilometers where they live, with their grandparents having raised them to think that their way is the only true way.

      --
      world was created 5 seconds before this post as it is.
    3. Re:World War III by OrangeTide · · Score: 1

      dunno, you kind of sound like you have no idea what the law was used for. you think it was used for banning muslim caricatures? noooope. it wasn't for that. it was more for banning you from whistleblowing that the local mayor is an asshole.

      Given that we're both common law systems, I see no reason why it's not going to go progress beyond that point.

      --
      “Common sense is not so common.” — Voltaire
    4. Re:World War III by OrangeTide · · Score: 1

      People who react badly to having their precious little feelings hurt rarely improve through being carefully coddled and pandered to.

      A very Euro-American way to view the world.

      --
      “Common sense is not so common.” — Voltaire
    5. Re:World War III by fuzzyfuzzyfungus · · Score: 1

      I'm certainly not going to argue with you there; though I will wonder how you can content yourself with an observation about where an opinion was born, rather than how accurate it is...

    6. Re:World War III by OrangeTide · · Score: 1

      Is there not room for multiple viewpoints, or is there only one right answer?

      If we choose freedom and liberty, but can see the potential to trigger for a major escalation of armed conflict are we remiss in discussing alternatives or in failing to choose to discuss those alternatives?

      --
      “Common sense is not so common.” — Voltaire
    7. Re:World War III by fuzzyfuzzyfungus · · Score: 1

      Depends on how broad the question is: given that not every potentially violent extremist will react in the same way, the answer to 'are potentially violent extremists better defused by coddling or by needling?' is likely to be something statistical, rather than "yes" or "no"; but that would be the right answer.

      I don't mean to pretend that the right answer will necessarily fit neatly on a bumper sticker(indeed, it'd be quite a shock if it did); but a potentially complex answer is by no means the same as some sort of intersubjective mush of multiple valid viewpoints.

  6. Yes, but does Pi==3 there still? by EzInKy · · Score: 0

    Seems I recall Indiana being famous for legislating science.

    --
    Time is what keeps everything from happening all at once.
    1. Re:Yes, but does Pi==3 there still? by Anonymous Coward · · Score: 0

      India != Indiana state in USA

    2. Re:Yes, but does Pi==3 there still? by Anonymous Coward · · Score: 0

      Columbus thought so.

  7. Now.. by Anonymous Coward · · Score: 0

    ...if only they'd treat women like real human beings and do something about the 65 million people still living in slums, up 13 million people from 2013. For some perspective, that's approximately the population of the UK (64 million).

    India is a shithole, and they're hell bent on keeping it that way.

  8. What can you say..... by Anonymous Coward · · Score: 0

    about a country that made it illegal to eat a burger. Damn religious nuts

    1. Re:What can you say..... by Anonymous Coward · · Score: 0

      How about a nice dog meat burger? One culture's cherished species is another's meal.

  9. rapistis is as rapist does by Anonymous Coward · · Score: 0

    Who cares what a billion strong country of backwards rapists does? Fuck em the filth all rot.

    Hey did you know that 9 out of 10 indians enjoy gang rape?

    1. Re:rapistis is as rapist does by invictusvoyd · · Score: 2

      well 9 out of 10 women in the US military have been raped . There's that documentary about it too . Too bad the US military is full of Indians . Only if ...

    2. Re:rapistis is as rapist does by quenda · · Score: 2

      There is a kernel of truth to the racist AC comment.
      There are plenty of Indian immigrants in Australia, and they are mostly known as a decent law-abiding bunch, but somehow a minority keep getting in the news for sex offences. Everything from Indian cabbies having sex with drunk young female passengers to Indian doctors touching up their patients inappropriately. And of course always recent arrivals. There is something in the culture.

    3. Re:rapistis is as rapist does by Anonymous Coward · · Score: 0

      Plenty of people like rap that doesn't make them rapist

    4. Re:rapistis is as rapist does by Anonymous Coward · · Score: 0

      You can blame the frigging Murdoch press for the vilification of Indians in Australia and the following sensationalism of the reports of whatever crimes they may or MAY NOT commit. BUT hey, it sells papers right, eh Murdoch you right wing fascist? :P

       

    5. Re:rapistis is as rapist does by Anonymous Coward · · Score: 0

      Hey do you know 4 times more rape takes place in United States than India, thats when the population is 1/3 of it. Just because one society tries to hide its problems, it doesn't make it go away. Atleast Indians are speaking about it. What are Americans doing?

    6. Re:rapistis is as rapist does by asriel22 · · Score: 0

      OMG, you got up voted for this? There is a sexually deviant minority in every country. That is a fact. You want to talk about Kitty Genovese?

    7. Re:rapistis is as rapist does by quenda · · Score: 1

      I read Fairfax, ABC, Guardian. Murdoch certainly does not have a monopoly on the salacious.

    8. Re:rapistis is as rapist does by quenda · · Score: 3, Funny

      OMG, you got up voted for this?

      No upvote, just Karma. But what would you Indians know about that?

    9. Re: rapistis is as rapist does by Anonymous Coward · · Score: 1

      USA has a broader "rape" catagory that includes "we we're drunk even though I said yes" and "I regretted it the day after". Comparing those counts to counts of real rape easily explains the difference.

  10. Having a bad idea should not be against the law by Anonymous Coward · · Score: 0

    This whole "offensive" thing is bullshit. Everything we don't like we find offensive.

    I find a politician's face offensive, can I sue to for being caused distress for having to see him on TV?

    I find his opinions offensive too. But you know what, they're just opinions. And I think having a bad idea should not be against the law.

    It's almost as if some people believe others can't think for themselves. We shouldn't let adults vote if that's the case.

  11. The Absurdity of Taking Offense by LaurenCates · · Score: 1

    I'm waiting for the day a militant Indian group rises up in the US and threatens to blow up random Denny's locations if they intend to go forward with their "Baconalia" promotion.

    I'm sure, sadly, this would cause more racism than it would be a call to show how absurd being offended is.

    --
    Some people don't believe in fairies. I don't believe in The Patriarchy.
  12. Jokes can be a weapon for social dominance.. by asriel22 · · Score: 0


    Let's just lay out the facts, shall we? The ones who make it a big issue are:
    1. The secondaries who hang on to the alpha male (or a long-dead alpha male's image) and want to gain attention.
    2. The alphas who are just pretending to be alphas and feel threatened.
    3. The ones who have a genuine reason to be offended.
    That apart, there is a rule that states that if you have to plead freedom of expression to defend yourself, then you have said something offensive.
    Nobody sympathises with a bully's victim, but they close ranks when the bully is threatened. Nobody is offended by the actions of the Brave new World, but everybody picks on the Big Brother.
    So, to sum up, society is complicated.

  13. Re:good show, foul curry eaters by Anonymous Coward · · Score: 0

    Celebrate by fucking a cow.

    The people on /. aren't quite stupid enough to fall for trolls. Especially mindless and poorly constructed ones such as this. Try Reddit next time.

  14. Whistleblowing about the local mayor by billstewart · · Score: 1

    Back in the 60s, my father-in-law ran a weekly paper in his small town. It eventually got shut down by the police on some bogus excuse; the actual reason was that he wasn't just writing that the mayor was taking bribes, but had the bad taste to say who they were from and what for. Corruption does also exist in the US, and so does censorship. (I didn't see much censorship when I lived in New Jersey, though - just corruption.)

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
    1. Re:Whistleblowing about the local mayor by OrangeTide · · Score: 1

      I never said freedom of the press wasn't important.

      --
      “Common sense is not so common.” — Voltaire
  15. Never happened. by billstewart · · Score: 1

    Never did - here's the Wikipedia about the Indiana Pi Bill. The crackpot proposed a bill that would acknowledge his collection of R33lY k3wl mathematical discoveries and let Indiana schools teach them free (in return for royalties from other user, if I'm reading it right), it snuck past the Indiana House, and a Professor Waldo told the Indiana Senate how bogus it was. It was close to passing there anyway, but one senator pointed out that it's not the Senate's job to establish mathematical truth. And now you know Where Waldo Was.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks