itact ppt

Information about itact ppt

Published on March 8, 2014

Author: amitk.softech



PowerPoint Presentation: A Presentation on “IT ACT 2000 Section 66A” ARYA COLLEGE OF ENGINEERING & R.C Prepared By: Amit Kumar 10EAYCS009 ACERC PowerPoint Presentation: INTRODUCTION There has been a great deal of controversy during the last few months over the questionable use of Section 66A of the amended Indian Information Technology Act, 2000. In April this year, Professor Ambikesh Mahapatra was arrested under this section for forwarding caricatures on Trinamool Congress chief Mamata Banerjee on Facebook. The Ravi Srinivasan Twitter case showed how on a complaint, a person’s tweets on reports of corruption could be brought within the ambit of the section. In the K V Rao case, two men, K.V. Rao and Mayank from Mumbai, were arrested for allegedly posting offensive comments against some leaders on their Facebook group. PowerPoint Presentation: Most resent… The most recent case, of course, is that of Shaheen Dhada who was arrested by the Palghar police for a rather innocuous Facebook post. Her friend, Rinu Srinivasan, was also detained simply for liking the post. Understandably, there was considerable outrage from all quarters over the way in which the cops used Indian cyber law to harass two innocent citizens. In the last few days, we have been seen various discussions about defective IT legislation in India and the need for changing it . This article aims to explain in common man's language what Section 66A of the amended Indian Information Technology Act, 2000 is all about. PowerPoint Presentation: RULES & REGULATIONS Section 66A makes it an offence to send, by means of a computer resource or communication device, any of the following information: Any information which you know to be false but which is sent for purpose of causing: Annoyance Inconvenience Danger Obstruction Insult Criminal intimidation Enmity or hatred PowerPoint Presentation: RULES & REGULATIONS WITH E MAILS Any e-mail or electronic mail message for the purpose of causing annoyance; Any e-mail or electronic mail message for the purpose of causing inconvenience; Any electronic mail or electronic mail message to deceive the addressee or recipient about the origin of such messages; A ny e-mail or electronic mail message to mislead the addressee or recipient about the origin of such messages. PowerPoint Presentation: ON SOCIAL MEDIA So if you are a social media user or even if you use a computer system or mobile, beware. You could be brought within the ambit of Section 66A of the amended Indian Information Technology Act, 2000. To help understand the scope of this section, let’s examine some common illustrations of acts, which could come within its ambit. When you send either by means of a Computer, Computer System, Computer Network or using Mobile Phone, Smart Phone, iPhone, iPad, Tablet, Smart Devices, Personal Digital Assistants, BlackBerry or any other communication devices, the following kind of information, you could be covered under Section 66A of the amended Indian Information Technology Act, 2000: PowerPoint Presentation: RULES & REGULATIONS AGAIN… If you swear or abuse somebody, the swear words could be said to be grossly offensive. The same could also be said to be having menacing character and your act could come within the ambit of Section 66A(a) of the amended Indian Information Technology Act, 2000. Anything defamatory which affects the character, reputation, standing or goodwill of a person could also be deemed to be grossly offensive. 3) Making false allegations against the character of a person or character assassination could also qualify as grossly offensive and having menacing character. 4) Using insulting words or symbols which are obscene, could also qualify as grossly offensive and having menacing character. 5) Calling someone names could also be brought within the ambit of being grossly offensive or having menacing character PowerPoint Presentation:  6 ) Posting pictures of a person in uncomplimentary situations and environments could also be said to be grossly offensive or having menacing character. For example, if you morphed someone’s face on the face of erotic/nude model’s body, your action wouldn’t be just obscene, but would also be grossly offensive and menacing. 7 ) Electronic morphing which shows a person depicted in a bad light could also be seen as an example of information being grossly offensive or having menacing character. 8 ) Using vernacular bad words in English alphabets could also qualify as grossly offensive or having menacing character. 9 ) Threatening somebody with consequences for his life, apart from being separate offences, could be also construed as information which is grossly offensive or menacing. 10 ) Threatening to expose the ill-deeds of somebody could also qualify as menacing. 11 ) Information containing malicious, mischievous character assassination SOME MORE RULES & REGULATIONS… PowerPoint Presentation: MORE & MORE RULES… 12) Information containing morphed pictures aimed at hurting religious sentiments. 13) Information showing deities of particular religions in an uncomplimentary light. 14) Putting the picture of a person against a slogan/phrase/saying which does not depict his true character or personality. 15) Deceiving the addressee or recipient about the origin of such messages. For example, sending emails from a fake email account to another person, could qualify as an offence under Section 66A. 16) Further , misleading the addressee or recipient about the origin of such messages, e.g. sending e- mails and SMSs in the name of Reserve Bank of India for big lotteries, could also invite the provisions of Section 66A. 17) E-mail containing fake recruitment offers to unsuspected members of the public, could also qualify as an offence under Section 66A. PowerPoint Presentation: ILLEGAL IN CYBER WORLD PowerPoint Presentation: CASE STUDY 1 There has been numerous instances application of the Section 66-A, Information Technology Act, 2000 (“ITA”) in the lower courts. Currently, there are six High Court decisions, in which the section has been mentioned or discussed. In this presentation, I will be summarizing facts of a few cases insofar as they can be gathered from the orders of the Court and are pertinent to the application of 66-A, ITA. Sajeesh Krishnan v. State of Kerala (Kerala High Court, Decided on June 5, 2012) Petition before High Court for release of passport seized by investigating agency during arrest. In the case of Sajeesh Krishnan v. State of Kerala (Decided on June 5, 2012), a petition was filed before the Kerala High Court for release of passport seized at the time of arrest from the custody of the investigating agency. The Court accordingly passed an order for release of the passport of the petitioner. PowerPoint Presentation: CASE STUDY 1 The Court, while deciding the case, briefly mentioned the facts of the case which were relevant to the petition. It stated that the “gist of the accusation is that the accused pursuant to a criminal conspiracy hatched by them made attempts to extort money by black mailing a Minister of the State and for that purpose they have forged some CD as if it contained statements purported to have been made by the Minister.” The Court also noted the provisions under which the accused was charged. They are Sections 66-A(b) and 66D of the Information Technology Act, 2000 along with a host of sections under the Indian Penal Code, 1860 (120B – Criminal Conspiracy, 419 – Cheating by personation, 511- Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment, 420 – Cheating and dishonestly inducing delivery of property, 468 – Forgery for purpose of cheating, 469 – Forgery for purpose of harming and 201 – Causing disappearance of evidence of offence, or giving false information to screen offender read with 34 of Indian Penal Code, 1860) PowerPoint Presentation: CASE STUDY 2 J.R. Gangwani and Another v. State of Haryana and Others (Punjab and Haryana High Court, Decided on October 15, 2012 ) In the Punjab and Haryana High Court, an application for quashing of criminal proceeding. This complaint was filed under Section 66-A(c) on the ground of sending e-mails under assumed e-mail addresses to customers of the Company which contained material which maligned the name of the Company which was to be sold as per the orders of the Company Law Board. The Complainant in the case received the e-mails which were redirected from the customers. According to the accused and the petitioner in the current hearing, the e-mail was not directed to the complainant or the company as is required under Section 66-A (c). The High Court held that, “the petitioners are sending these messages to the purchasers of cranes from the company and those purchasers cannot be considered to be the possible buyers of the company . Sending of such e-mails, therefore, is not promoting the sale of the company which is the purpose of the advertisement given in the Economic Times. Such advertisements are, therefore, for the purpose of causing annoyance or inconvenience to the company or to deceive or mislead the addressee about the origin of such messages. These facts, therefore, clearly bring the acts of the petitioners within the purview of section 66A(c) of the Act .” PowerPoint Presentation: CASE STUDY 2 Mohammad Amjad v. Sharad Sagar Singh and Ors . (Criminal Revision no. 72/2011 filed before the Court of Sh. Vinay Kumar Khana Additional Sessions Judge – 04 South East: Saket Courts Delhi) In a revision petition came up before the Additional Sessions Judge on the grounds that the metropolitan magistrate has dismissed a criminal complaint under Section 156(3) of the Criminal Procedure Code without discussing the ingredients of section 295-A, IPC and 66-A, IT Act. In this case, the judge observed that, “...section 66A of Information Technology Act (IT Act) does not refer at all to any 'group' or 'class' of people. The only requirement of Section 66A IT Act is that the message which is communicated is grossly offensive in nature or has menacing character.” He also observed that the previous order “not at all considered the allegations from this angle and the applicability of Section 66A Information Technology Act, 2000 to the factual matrix of the instant case.” PowerPoint Presentation: LEARNING Till such time Section 66A is either changed, modified, varied or amended, it will be imperative that you exercise due diligence when you send information on the Internet, social media and mobile networks. The focus of the law is not on publishing information, it is on the offence of sending information. This assumes more significance, since whenever you are on the Internet or when you are sending e-mail or posting or publishing a blog or creating an SMS, as you are sending these electronic records from your computer system or communication device. Hence, be very careful before you send information on electronic platforms and computer networks . PowerPoint Presentation: CONCLUSION This provision, even though has been inspired by the noble objectives of protecting reputations and preventing misuse of networks, has not been able to achieve its goals. For India, being the world’s largest, vibrant democracy , reasonable restrictions on free speech need to be very strictly construed. Section 66A of the amended Indian Information Technology Act, 2000 has the potential of prejudicially impacting free speech in the digital and mobile ecosystems. Section 66A of the amended Indian Information Technology Act, 2000 needs to be amended to made the Indian Cyberlaw in sync with the principles enshrined in the Constitution of India and also with the existing realities of social media and digital platforms today. 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 s uch messages shall be punishable with imprisonment for a term which may extend to three years and with fine. PowerPoint Presentation: THANK YOU ! For this ppt: DOWNLOADING Type “amitk.softech” in GOOGLE SEARCH

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