Tuesday, July 1, 2014

Editor charged, arrested, released under Section 66A of IT Act

GANGTOK, 30 June: In a move which is bound to attract condemnations from most quarters and receive round criticism, Sikkim Police today arrested, and subsequently released, a woman journalist for posting material on the social media perceived to be defamatory and malafide by the ruling front.
Mita Zulca, Editor, Talk Sikkim, was arrested today by the Sadar Police on a complaint filed by a Central Executive Committee member of the SDF, Ramesh Thapa. The complaint was made with the police on 13 April, 2014, over 2 months ago, and registered by the police under Section 66A of the Information Technology Act, 2000.
The complaint alleges that Ms. Zulca, a senior journalist, had made posts on her social media page for Talk Sikkim which went against the Representation of People’s Act as she had posted exit polls, which are banned by the Election Commission.
A related complaint is the post made by the journalist on 12 April mentioning that the SDF candidate from Daramdin, DN Sherpa, had been disqualified by the ECI. This, the complainant states, apart from being wrong, was defamatory and malafide and had harmed the prospects of the candidate in the elections.
SDPO, Rangpo, who is the investigating officer in the case, and who “questioned” the Editor, has asked Ms. Zulca to hand over her mobile phone, laptop and computer [which she used to upload the said posts] to the police within two days.
Meanwhile, Ms. Zulca, who has been at the receiving end of several defamatory and malicious posts online, has also decided to file an FIR on such online attacks on her with the police. It will be interesting to see how this return FIR is handled by the cops.
The widely panned Section 66A of the IT Act deals with punishment for sending “offensive messages” through “communication service” which are/is “grossly offensive or has menacing character; or is information which s/he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device; any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages”.

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