Kapil Sibal says Facebook arrests wrong, mulls change in IT law to prevent misuse

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Maneesh Chhibber: New Delhi, Nov 23 2012, 01:35 IST
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Days after the police arrested two young women in Maharashtra for an innocuous post on Facebook about the bandh-like situation in Mumbai following Bal Thackeray’s death, the central government has begun to consider the possibility of changing the information technology law to ensure it is not misused or abused.

Following national outrage over the police action, Communications and IT Minister Kapil Sibal had said he was “deeply saddened” by the arrests, and that the IT Act should not be “misused” to “throttle dissent”.

“We will talk to all stakeholders and if there is consensus, we will write to states asking them to designate senior police officers without whose clearance arrests under the Information Technology Act can’t be made,” Sibal told The Indian Express in an interview.

“We may ask them that unless the designated officer decides that the offence requires police action, no action should be initiated. It can be a IG-level officer or somebody senior, whose job it will be to certify that a particular case is fit enough to be proceeded against under 66A... You will have a fair level of protection (from the abuse of the law),” Sibal said.

Section 66A (sending offensive messages) of the IT Act provides for a three-year jail term for a wide range of offences from sending messages of a “menacing character” to “causing annoyance or inconvenience”.

The government, Sibal said, was open to considering all options on the law.

“We have a meeting on November 29. We will see

... contd.

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Reader's Comments (1)| Post a Comment

Guidelines have not worked in the Past

Siddiq | 23-Nov-2012Reply | Forward
What the people should understand is that "Indian Laws" are good in spirit just that when the implementation of the same by the police lacks that spirit and thus lead to draconion implementation of the otherwise sensible law. The best example in this regard is 498A(Dowry harassment cases),There have been rampant cases of abuse of 498a cases through out, (For people who dont know what 498a is, with just one complaint of dowry harassment by the wife and in-laws police can arrest the husband and husbands relatives without any INVESTIGATION) with the public furore increasing on unwanted arrests of aged parents GUIDELINES were issued to the police department to not arrest unless there is prima facie evidence. But even today arrests are made by the police without any investigation. police is motivated NOT BY THE GUIDELINES ON PAPER BUT it is some other PAPER that motivates them

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