Amend IPC, appoint cyber crime coordinators: Panel to Govt

Over two years after the Supreme Court struck down Section 66A of the Information Technology Act as being unconstitutional, a high-level expert committee constituted by the Union Ministry of Home Affairs to suggest ways to tackle online hate speech, earlier dealt by Section 66A, has finally suggested a solution.

The committee was asked to suggest legal measures so as to avoid misuse of social media in the interest of National Security and for maintenance of public order.

In its detailed draft report, sent to the MHA, the committee headed by former Union Law Secretary TK Viswanathan, has suggested measures ranging from substituting some clauses in Section 78 of the IT Act and amending Sections 153 and 505A of the Indian Penal Code (IPC). The report has also recommended appointing cyber crimes coordinators in every state as well as establishing cyber crime cells in each district to deal effectively and swiftly against those fomenting trouble or spreading hate against anybody on "grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth or residence, language, disability, or tribe" through any means of communication. These means of communication would include spoken or written words sent through any telecommunication service, communication drive or a computer.

The maximum punishment under the amended clause dealing with Prohibiting incitement to hatred has been recommended to be two years imprisonment or a fine of Rs 5000 or both.

Sources in MHA told DNA that in its report, the committee has recommended that offences under the amended Section 505A, which deals with punishing for spreading false and mischievous reports intended to upset public tranquillity, be punishable with imprisonment upto one year or fine or Rs 5000 or both.

The DNA has first reported about the MHA move last month.

The amended Section would also deal with instances of anybody "causing fear, alarm or provocation of violence" on grounds of religion, etc.

The committee has recommended that each state should have a State Cyber Crime Coordinator which should be an officer not below the rank of Inspector General of Police. It also wants each district to have a District Cyber Crime Cell headed by an officer not below the rank of Sub-Inspector of Police.

Sources said the committee has gone largely by the recommendations made by the Law Commission of India in its 267th report on hate speech.

In March 2015, the Supreme Court had termed Section 66A of the IT Act "unconstitutional", observing it had a "chilling effect" on freedom of speech and expression.

The court had ruled that the wording of the Section was vague and prone to being misused by the state to curb free speech.

POST SECTION 66A

• Measures ranging from substituting some clauses in Section 78 of the IT Act and amending Sections 153 and 505A of the IPC.
   
• Appointing cyber crimes coordinators in every state as well as establishing cyber crime cells in each district