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Govt to issue fresh guidelines to prevent misuse of IT Act

Source : PTI
Last Updated: Thu, Nov 29, 2012 12:29 hrs
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New Delhi: No less than a police officer of a rank of DCP will be allowed to permit registration of a case under provisions of the Information Technlogy Act that deals with spreading hatred through electronic messages, following uproar over recent arrests under the controversial law.

In the case of metropolitan cities, such an approval would have to come at the level of Inspector General of Police.

"... the concerned police officer or police station may not register any complaints (under Section 66 (A))unless he has obtained prior approval at the level of an officer not below the DCP rank in urban and rural areas and IG level in metros," a top source said.


A Facebook 'like' could land you in jail - courtesy Section 66A of IT Act

The guidelines are being issued after controversial arrests by Mumbai police under Section 66 (A) of Information Technology (IT) Act that deals with spreading hatred through electronic messages.

The cases against two teenage girls who had objected to a bandh-like situation in Mumbai after Shiv Sena supremo Bal Thackeray's death and were arrested, are now being dropped.

Yesterday, a 19-year-old boy was detained in Thane district on suspicion of posting an "objectionable" Facebook comment against MNS chief Raj Thackeray but later let off.

Currently, a police station in-charge or an inspector can register a case under the said provision.

Section 66 (A), which is a bailable offence and provides for a jail term of up to three years, makes it an offence to send, by means of a computer resource or communication device, any information which is grossly offensive, menacing, causes annoyance or hatred.

The source expressed confidence that such instances can be avoided once the new guidelines were put in place.

"There are procedural difficulties faced... we are going to circulate to all state governments as guidelines with regard to registering any complaints under Section 66 (A)," he said.

The IT Act is not being amended, an official clarified, adding that powers vest only with Parliament and what the government intends to do is only to issue operational guidelines. (MORE)




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