Hyderabad: Over the past few months, the government has issued stern warnings that people who misuse online platforms to abuse it or post fake or offensive messages directed at ministers or elected representatives will not be spared.
In order to implement this, the government has to depend on existing laws, which have limitations with respect to the actions that can be taken against erring netizens.
On October 3, when the city was experiencing heavy rains, a fake government order declaring a holiday was circulated on WhatsApp. It went viral and was reported by some regional news channels. It was revealed to be a fake, but many schools had declared a holiday.
Asked about steps taken by the IT department to thwart such attempts, IT secretary Jayesh Ranjan said they were bound by the Supreme Court’s directions regarding the Information Technology Act of 2000.
“Section 66 (A) of the IT Act of 2000 dealt with such issues. The Supreme Court has struck down that section pointing out that it was being misused. There are no provisions under the IT Act to take action against online abuse or fake posts. Action may be taken under the IPC,” he said.
Advocate Santosh Kumar, who deals with cyber laws, said abuse or personal attacks, whether committed online or offline, were liable for punishment if there was any evidence against the perpetrator.
“A person misusing online forums to target the government or individuals, or to disturb the peace, can still be tried by the law enforcement agencies of a state. While special laws like the IT Act have their limitations, provisions of the general law, the IPC, can be used, depending upon the violation,” he said.
