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Committee chairman Nishikant Dubey said he would ask the Ministry of Electronics and Information Technology to define Article 19 and include provisions for morality, dignity of women, defamation of the masses and protection of children
Ahead of the meeting on Friday, Chairman Nishikant Dubey spoke to his colleagues in the committee, floating the idea that they should discuss the impact of vulgarity and obscenity on women and children in particular. (PTI)
The BJP MP Nishikant Dubey-led information technology panel on Friday deliberated on the need for a provision in law to protect the common man from issues of obscenity, vulgarity, slander and defamation, noting that the issue severely impacts women and children.
Section 66A of the Information Technology Act, 2000, made it illegal to send offensive messages using a computer or communication device. It was intended to protect against cybercrimes like identity theft, child pornography, and cyber-terrorism.
However, the provision was criticised for infringing on freedom of speech and expression. In 2022, the Supreme Court ruled that Section 66A was unconstitutional and directed that police should not register complaints under it.
The court had also said that the expressions used in Section 66A were open-ended, undefined and therefore arbitrary. The definition of offence under the section was so broadly defined that it took into its sweep protected speech also, and, therefore, upset the balance between the exercise of the right of free speech and the imposition of reasonable restrictions on it.
However, the striking down of the section has essentially rendered the common man affected by it exposed to threats without any remedy.
Therefore, the committee will formulate a brief draft provision as an amendment to the existing law in so far as protecting the public from such threats and providing the law teeth for the benefit of the common man. The provision will be shared with the Ministry of Electronics and IT which can then take it up with the Union government for reflection and implementation — if deemed appropriate.
It is learnt that in the wake of the recent controversy over YouTuber and author Ranveer Allahbadia’s distasteful comments on comedy show India’s Got Latent, the committee expressed its concern over the content available in all forms of media. Ahead of the meeting on Friday, Dubey spoke to his colleagues in the committee, floating the idea that they should discuss the impact of vulgarity and obscenity on women and children in particular.
In fact, after taking the MPs into confidence, Dubey suo motu said the committee would write to the government to seek amendments be made and provisions be provided within the existing law for such matters. Upon the assumption of the committee meeting, the BJP MP spoke about the matter on record in the presence of several officials, including the secretary for ministry of information and technology.
Noted advocate in the Supreme Court and Member of Parliament from YSRCP, Niranjan Reddy, will help formulate the draft provision on behalf of the committee within the next week. Chairman Dubey is learnt to have asked all the members of the panel to submit their suggestions and recommendations to Reddy on behalf of the committee.
Dubey told the members that he would communicate their sentiments to the government. He added that in his communication to the secretary of the Ministry of Electronics and Information Technology, he would ask them to define Article 19 and include provisions for morality, dignity of women, defamation of the masses and protection of children.
The committee, which has members cutting across political parties, spoke in unison on the issue, which concerns the public and impacts vulnerable sections such as women and children.
On Thursday, the committee had written to the ministry to suggest amendments to the existing provisions in law that could help fix accountability for obscene or vulgar content in all forms of media. In its request to the government, the IT committee sought the response of the ministry by February 17.
The members of the committee include actor and politician Kangana Ranaut, UBT Member of Parliament Priyanka Chaturvedi, TMC MP Mahua Moitra, BJD MP Sasmit Patra, noted music legend-turned-MP Ilaiyaraaja, Baahubali writer Vijayendra Prasad, and media baron Kartikeya Sharma.
