LEGAL VERSION OF 66A

66A. Punishment for sending offensive messages through communication service, etc. Any person who sends, by means of a computer resource or a communication device;

• Any information that is grossly offensive or has menacing character; or
• Any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,
• Any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.

The supreme court of India relived zillions of internet users by striking down the much criticized Section 66A of the Information technology Act, 2000 which criminalized communications that are “grossly offensive”, cause “annoyance”, etc., by stating the provision as “unconstitutionally vague”, “arbitrarily, excessively, and disproportionately” encumbering freedom of speech, and likely to have a “chilling effect” on legitimate speech.

Section 66A was brought in to curb cyber bullying which is on the rise, nearly 42% of kids are being bulled online and 1 out of every 4 kid goes through it a second time. Cyber bullying is, using the internet medium to repeatedly harm or harass other people in a deliberate manner. According to U.S. Legal Definitions, “Cyberbullying could be limited to posting rumors or gossips about a person in the internet bringing about hatred in other’s minds; or it may go to the extent of personally identifying victims and publishing materials severely defaming and humiliating them.”