No criminal cases against social media posts: Home Ministry

HYDERABAD: The Ministry of Home Affairs of the Government of India asked all state Chief Secretaries, DGPs, and administrators of Union Territories on Thursday to instruct all police stations not to register any cases under the repealed Section 66A of the Information Technology Act, 2000.

They also asked that law enforcement agencies be made aware of the Supreme Court's March 24, 2015 order. The Home Ministry has also asked that any such cases booked under Section 66A of the IT Act, 2000 in the respective States be immediately withdrawn.

"The undersigned is directed to refer to the judgement of the Supreme Court given in the matter of Shreya Singhal Vs. Union of India on March 24, 2015, whereby Section 66A of the Information Technology Act, 2000 was struck down becoming null and void with effect from the date of order March 24, 2015, and thus no action could be taken under this section," reads the official notice issued by the Home Ministry.

The Home Ministry stated that it was brought to their attention through a Supreme Court application that FIRs were still being lodged by some police authorities under the struck down provision of Section 66A of the IT Act, 2000.

The Home Ministry had once again appealed that no further cases be booked under Section 66A of the IT Act, 2000, since the Supreme Court had taken the case very seriously.

The Supreme Court expressed serious concern in September 2022 about states continuing to register FIRs for offences under Section 66A of the Information Technology Act despite the court ruling it unconstitutional in 2015.

In 2015, the Supreme Court ruled that Section 66A of the Information Technology Act, 2000, relating to restrictions on online speech, was unconstitutional because it violated the freedom of expression guaranteed by Article 19(1)(a) of the Indian Constitution.