Mouthshut.com versus Union of India

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Mouthshut.com versus Union of India
CourtSupreme Court of India
Full case nameMouthShut.com and Faisal Farooqui versus Union of India and Ors

MouthShut.com versus Union of India was a writ petition filed by Mouthshut.com, a consumer review social media company, and its founder Faisal Farooqui,[1] to protect freedom of speech and expression on the Internet.[2] In this case, they challenged Sec. 66A and sought modifications or nullification of IT Rules and Section 79 of the Information Technology Act of India.[1] This case was pivotal in determining the responsibility of intermediaries for online speech in India. On 24 March 2015, the Supreme Court issued a judgment in favor of the petitioner(s) and nullified Sec. 66A, deeming it unconstitutional.[3] It also ordered the reading down of various other sections of the IT Act, including section 79 and the IT Rules.[4] Consequently, individuals are free to post anything online, and publishers cannot be compelled to remove content without a court order. This decision applies to all user-generated content on the Internet.[5]

Importance[edit]

Online intermediaries, internet service providers (ISPs), telecom service providers, and social media companies in India and abroad closely monitored the lawsuit and its proceedings. The Center for Communication Governance noted that this case is significant for India's Supreme Court, as it will establish the boundaries of free speech online.[6] CNN reported that prior to the verdict, Mouthshut.com had raised its concerns to the Indian Supreme Court, claiming that it aimed to safeguard the rights of Indian citizens and consumers as outlined by the Indian constitution.[7]

Background[edit]

In April 2013, MouthShut.com submitted petitions to the Supreme Court of India, challenging the severe consequences of Sec. 66A and requesting the nullification or alteration of India's Information Technology Rules 2011. The website filed a writ petition under Article 32 of the Constitution, arguing that the IT Rules contravened Articles 14, 19, and 21 of the Constitution of India and violated users' fundamental right to freedom of expression by preventing them from posting reviews. MouthShut.com claimed that the IT Rules imposed a significant burden by necessitating content screening and online censorship. The petitioners were not qualified to make determinations on whether certain content was defamatory or infringed on copyright as such decisions were typically made by judges with factual inquiry and careful consideration of competing interests and factors. The petitioners receive notices and phone calls from cyber cells and police stations asking them to delete content and provide information of users, which makes the running of their business difficult.[8][9]

Judgement[edit]

Supreme Court of India repealed Sec. 66A of IT Act and wrote down Sec. 79 and Rules, in a verdict on 24 March 2015,[10][11] in favor of the petitioners after hearing the matter of clubbed petitions by a two-judge bench comprising Justice Jasti Chelameswar and Justice Rohinton Fali Nariman.[12][13][14][15]

References[edit]

  1. ^ a b "We believe that a consumer's review is sacrosanct: MouthShut.com". Business Today. 2014-03-11. Retrieved 2023-05-08.
  2. ^ Ninan, Sevanti (2014-04-02). "Why freedom of expression is not an issue". mint. Retrieved 2023-05-08.
  3. ^ "Sec 66A of IT act scrapped: 5 points observed by Supreme Court". Hindustan Times. 2015-03-24. Retrieved 2023-05-08.
  4. ^ "No more prosecutions under Section 66A, says Supreme Court". The Hindu.
  5. ^ "No person should be prosecuted under Sec 66A of IT Act: Supreme Court". The Indian Express. 2022-10-12. Retrieved 2023-05-08.
  6. ^ Ninan, Sevanti (2014-04-02). "Why freedom of expression is not an issue". mint. Retrieved 2023-05-08.
  7. ^ Sigalos, Mackenzie (2015-02-17). "Has world's biggest democracy got a Big Brother problem?". CNN. Retrieved 2023-05-08.
  8. ^ "MouthShut.com (India) Pvt. Ltd. v. UoI & [W.P.(C).No. 217 of 2013] • Software Freedom Law Center, India". 2014-02-08. Retrieved 2023-05-08.
  9. ^ Shrivastava, Prachi. "Behind the scenes: How 90+ lawyers & 3 judges created the biggest free speech judgment in more than half a century". www.legallyindia.com. Retrieved 2023-05-08.
  10. ^ "Supreme Court strikes down Section 66A of IT Act which allowed arrests for objectionable content online". The Times of India. 2015-03-24. ISSN 0971-8257. Retrieved 2023-04-27.
  11. ^ "Modi Government Defies Supreme Court, Seeks Return of 66A Curbs on Online Speech Via UN Treaty". The Wire. Retrieved 2023-04-27.
  12. ^ Apoorva (2015-03-24). "Supreme Court quashes Section 66A of IT Act". mint. Retrieved 2023-05-08.
  13. ^ Das, Soma (2015-03-25). "Section 66A of IT Act: We took up battle, big guys didn't, says MouthShut founder Faisal Farooqui". The Economic Times. ISSN 0013-0389. Retrieved 2023-05-08.
  14. ^ "Section 69A of IT Act must also go". Deccan Herald. 2021-07-24. Retrieved 2023-05-08.
  15. ^ "Supreme Court to pronounce verdict on Section 66A of IT Act today". India Today. Retrieved 2023-05-08.
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