SHREYA SINGHAL versus UNION OF INDIA

SHREYA SINGHAL versus UNION OF INDIA

Section 66A of the Information Technology Act, 2000 is unconstitutional as it is vague, overbroad, and violates Article 19(1)(a), not being saved under Article 19(2). Section 69A and the Blocking Rules are constitutionally valid due to adequate procedural safeguards. Section 79 is valid, subject to being read down to liability only upon receiving court orders relating to Article 19(2); intermediary Guidelines Rules, 2011 are similarly read down. Section 118(d) of Kerala Police Act is unconstitutional for vagueness and overbreadth.

Parties
Petitioner: Shreya Singhal; Respondent: Union of India
Jurisdiction
India
Judgment Date
24 March 2015
Procedural Posture
Writ Petition (criminal) / Final Judgment
Outcome
Section 66A of Information Technology Act and Section 118(d) of Kerala Police Act struck down as unconstitutional; Section 69A and related Rules upheld; Section 79 and Intermediary Guidelines Rules upheld subject to reading-down.
Legal Topics
Freedom of Speech, Vagueness, Overbreadth, Legislative Competence, Intermediary Liability
Constitutional Law Information Technology Law Freedom of Speech Vagueness Overbreadth Legislative Competence Intermediary Liability

Case Brief

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Parties

Shreya Singhal

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (criminal) / Final Judgment

Legal Issues

  1. 1 Constitutional validity of Section 66A, 69A, and 79 of Information Technology Act, 2000
  2. 2 Validity of Section 118 of Kerala Police Act, 1960
  3. 3 Scope and extent of reasonable restrictions on free speech

Ratio Decidendi

Section 66A of the Information Technology Act, 2000 is unconstitutional as it is vague, overbroad, and violates Article 19(1)(a), not being saved under Article 19(2). Section 69A and the Blocking Rules are constitutionally valid due to adequate procedural safeguards. Section 79 is valid, subject to being read down to liability only upon receiving court orders relating to Article 19(2); intermediary Guidelines Rules, 2011 are similarly read down. Section 118(d) of Kerala Police Act is unconstitutional for vagueness and overbreadth.

Court Disposition

Section 66A of Information Technology Act and Section 118(d) of Kerala Police Act struck down as unconstitutional; Section 69A and related Rules upheld; Section 79 and Intermediary Guidelines Rules upheld subject to reading-down.

Orders

  • Section 66A of Information Technology Act, 2000 struck down entirely.
  • Section 69A and Blocking Rules, 2009 are valid.