The ‘Zombie Tracker’ is a platform which monitors cases which include a charge under Section 66A of the Information Technology Act 2000 (as amended in 2008).
Section 66A of the Information Technology Act (“IT Act”), 2000, was enacted into the statute through an amendment in 2008. The section penalised the sending of "offensive messages" via online communication however failed to define the term “offensive”. Owing to excessive vagueness, the provision was often abused by enforcement authorities and ran the risk of having a chilling effect on free speech on the internet. In 2015, the section was deemed unconstitutional by the Hon’ble Supreme Court of India in Shreya Singhal v Union of India (2015) 5 SCC 1. However, despite repeated directions by the Supreme Court, the most recent in 2019, the provision continues to be invoked across the country.
A 2018 study by Apar Gupta and Abhinav Sekhri highlighted the continued use of Section 66A, including fresh cases being registered in police stations, investigated and, considered by lower Courts, even after the Shreya Singhal decision in 2015. The authors described the continued use of the unconstitutional provision as a “Legal Zombie”.
Dec 22: Information Technology (Amendment) Bill passed in Lok Sabha
Dec 23: Information Technology (Amendment) Bill passed in Rajya Sabha
Oct 27: Information Technology (Amendment) Act, 2008 came into force
Nov: Public Interest Petition (PIL) filed by Shreya Singhal challenging the constitutionality of section 66A of the information Technology Act, as amended.
Jan 09: The Central Government issued an Advisory prohibiting any arrest pursuant to section 66A unless such arrest is approved by senior police officers.
The Supreme Court of India, in Shreya Singhal v Union of India (2015) 5 SCC 1, declared Section 66A of the Information Technology Act (as amended) as unconstitutional.
Abhinav Sekhri and Apar Gupta in the paper, “Section 66A and Other Legal Zombies”, highlight the continued use of section 66A.
Feb 15: The Supreme Court of India issues fresh directions, directing the judgement in Shreya Singhal v Union of India (2015) 5 SCC 1 be sent to all courts in the country, to senior administrative officers and director generals of police.
Institution of fresh complaints and prosecutions under section 66A continue across the country.
by Apoorv Anand
Jan. 22, 2021
We launched the Zombie Tracker on January 15th, 2021. Here is a summary of our key learnings.
July 8, 2020
We are building a “Zombie Tracker” to track cases under S. 66A, Information Technology Act, at the district level.
May 18, 2020
In this post we trace the journey of Section 66A of the IT Act from 2008 to 2020.
by Apar
April 28, 2020
Despite repeated directions by the Supreme Court the provision continues to be invoked across the country.
