SENDING SMS, POSTING E-MAILS, POSTING ARTICLES IN THE SOCIAL AND DIGITAL MEDIA AND BOGS, WHICH ARE OFFENSIVE AND DEROGATORY WILL INVITE TROUBLE
All the messages sent, posted in social media or digital network 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, could be covered under Section 66A of the amended Indian Information Technology Act, 2000:
The following are some of the points to be noted before sending or posting in the internet:
1) any information that is grossly offensive;
2) any information that has menacing character;
3) any information which you know to be false but which is sent for purpose of causing annoyance;
4) any information which you know to be false but which is sent for purpose of causing inconvenience;
5) any information which you know to be false but which is sent for purpose of causing danger;
6) any information which you know to be false but which is sent for purpose of causing obstruction;
7) any information which you know to be false but which is sent for purpose of causing insult;
8) any information which you know to be false but which is sent for purpose of causing injury;
9) any information which you know to be false but which is sent for purpose of causing criminal intimidation;
10) any information which you know to be false but which is sent for purpose of causing enmity;
11) any information which you know to be false but which is sent for purpose of causing hatred; or
12) any information which you know to be false but which is sent for purpose of causing ill will.
All the above as per (3) to (12) must be done persistently by using a computer resource or communication device.
13) any e-mail or electronic mail message for the purpose of causing annoyance;
14) any e-mail or electronic mail message for the purpose of causing inconvenience;
15) any electronic mail or electronic mail message to deceive the addressee or recipient about the origin of such messages;
16) any e-mail or electronic mail message to mislead the addressee or recipient about the origin of such messages.
BEWARE
1) 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.
2) 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
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
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.
The language and scope of legal terms used under Section 66A are very wide and capable of distinctive varied interpretations
Section 66A comes with extremely wide parameters, which are capable of being interpreted in any manner possible by the law-enforcement agencies. As such, while the section talks about sending any information that is grossly offensive or having menacing character, the law does not give any guidance as to what is grossly offensive or information having menacing character and it is left to the subjective discretion of the law-enforcement agencies in this regard.
With the advent and development of technology and the way people are misusing the same, there could be millions of situations which could qualify as offences under Section 66A.