The Supreme Court today ruled on a series of cases challenging the IT Act, including Section 66A (3 years in prison for offensive statements online), Section 79 and its rules (forcing intermediaries to take down online content) and Section 69 (blocking of online content).
How they ruled: Section 66A
The bench, consisting of Justices Chelameswar and Rohinton Fali Nariman struck down Section 66A of the IT Act, ruling against the Central government, which had defended the section. Reading the judgement, Justice Nariman said that there are “three aspects of freedom of expression: discussion, advocacy and incitement. Only when discussion and advocacy reach the level of incitement, is Article 19 (2) (of the Constitution of India), which puts reasonable restrictions on freedom of speech, applicable.