Q: What action would be taken if a person sends offensive information?

 Ans:  It is an offence to send offensive information using computer resources under Section 66 A of information technology act.  

The provision also made it punishable for a person to send information that they believed to be false. 

 The weakness of Section 66A lay in the fact that it had created an offence on the basis of undefined actions: such as causing “inconvenience, danger, obstruction and insult”, which do not fall among the exceptions granted under Article 19 of the Constitution, which guarantees the freedom of speech.

Hence, the Supreme Court of India received a Public Interest Litigation (PIL) challenging the constitutionality of Section 66 A of the IT Act.

The person shall be punishable with imprisonment for a term which may extend to three years and with fine.

Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards etc. Any matter where the interest of public at large is affected can be redressed by filing a Public Interest Litigation in a court of law.

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