TK Viswanathan on Internet Hate Speech

• The Home Ministry is examining a report given by a high-level committee formed to propose new laws or amendments to deal with hate speech on the internet.
• The committee, headed by TK Viswanathan, has submitted a report on this to the Home Ministry recently.
• The committee was formed after the Supreme Court struck down section 66A of the Information Technology Act. Section 66A defines the punishment for sending “offensive” messages through a computer or any other communication device like a mobile phone or a tablet. A conviction can fetch a maximum of three years in jail and a fine.
• Considering the growing menace of hate speech and abuse on the internet in the absence of the provision, the committee was reportedly set up to propose new laws and amendments in existing laws.

Suggestions made by the committee:

• Committee has recommended appointment of cybercrime coordinators in every state as well as setting up of cybercrime cells in each district.
• They will deal with those fomenting trouble or spreading hate against anybody on the 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.
• The punishment under the amended clause dealing with prohibiting incitement to hatred has been recommended to be two years imprisonment or a fine of Rs 5,000 or both.
• The committee has suggested that offences under the amended Section 505A be punishable with imprisonment of up to one year or fine or Rs 5,000 or both.
• The amended Section would also deal with instances of anybody “causing fear, alarm or provocation of violence” on grounds of religion, etc.
• The committee suggested that the state cybercrime coordinator should be an officer not below the rank of Inspector General of Police.
• It also suggested that the district cybercrime cell should be headed by an officer not below the rank of sub-inspector of police.
• Section 78 of the IT Act needs to be substituted and Section 153 and 505A of the Indian Penal Code need to be amended.
• Section 78 primarily dealt with capacity building and needs to be relooked at with a view to sensitise law enforcement agency officers. Under it, a police officer of the rank of inspector or above was empowered to investigate offences.

By: Vishal