Supreme Court bars police from arrest for ‘offensive’ posts on Facebook


No arrests for 'offensive' posts on websites without permission of top police officers: Supreme CourtThe Supreme Court has said that no arrests can be made without prior permission from the top police officers in case of ‘offensive’ or ‘objectionable’ posts on social networking sites.

In replying to an application filed by Shreya Singhal in the Supreme Court seeking its direction in section 66-A of the IT Act, the Apex Court on Thursday asked all states and union territories to follow the Centre’s advisory and not arrest people without senior officer’s permission for their comments on websites.

The section 66-A of the IT Act says that any person who sends any offensive or objectionable information by means of a computer resource or communication device could be punished with maximum three years of imprisonment along with fine.

In recent time political class in particular is misusing this law rampantly. Whenever any post is made on Facebook or blogs, or any social networking site against government or any politician, it is categorized as ‘offensive’ and the writer has been arrested by Police for the said post and sent to jail.  Only last week, human rights activist from Andhra Pradesh was allegedly arrested by Police for defamatory comments against a Congress leader on Facebook and had to spend two days in jail.

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