SHREYA SINGHAL V. UNION OF INDIA (2015): A CONSTITUTIONAL ANALYSIS

The evolution of digital communication has transformed the exercise of freedom of speech and expression in India. But online platforms have also opened up areas for public participation and democratic discussion while posing constitutional challenges about the extent to which the State can regulate online speech without infringing fundamental rights. In this backdrop, the Supreme Court in Shreya Singhal v. Union of India (2015) examined the constitutional validity of Section 66A of the Information Technology Act, 2000. This was brought into effect through the Information Technology (Amendment) Act, 2008. The provision criminalized certain forms of electronic communication using broad expressions such as “grossly offensive”, “menacing” and messages causing “annoyance” or “inconvenience”. Several arrests were made under the provision and the lack of clear definitions led to concerns.