Information Technology Act, 2000
Section 66A (Struck Down) and Remaining Provisions
The Information Technology Act, 2000 (IT Act) also contains provisions relevant to hate speech in the digital space. Section 66A, which punished "offensive" online communication, was struck down entirely by the Supreme Court in Shreya Singhal v. Union of India (2015) as an unconstitutional restriction on free speech under Article 19(1)(a). However, Section 69A (power to block websites for public order/security) and Section 79 (intermediary liability) remain operative.
- Section 66A IT Act: Struck down in Shreya Singhal v. Union of India (2015) — held to be unconstitutionally vague and overbroad.
- Shreya Singhal (2015): Landmark case on online free speech; distinguished between "discussion/advocacy" (protected) and "incitement" (not protected).
- Section 69A IT Act: Government can issue orders to block online content in the interest of sovereignty, security, or public order — this remains valid.
- IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Impose due diligence obligations on social media platforms.
● Tracked since February 10, 2026 · last seen April 29, 2026 · updates as the daily brief publishes
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