After 11 years without 66A, Maharashtra wants social media posts back in criminal law

Eleven years after the Supreme Court abolished Section 66A of the Information Technology Act, Maharashtra has set its sights on reinstating a similar provision for social media posts. A committee appointed by the Maharashtra government has suggested amending the country's criminal code, the Bharatiya Nyaya Sanhita, to specifically address defamatory content shared online.

However, this proposal has sparked controversy, given the government's recent criticism on social media regarding student-led protests against educational integrity and school quality. The Maharashtra government's approach to this issue sets it apart from other states that have taken similar measures, as it seeks to incorporate safeguards against possible misuse of the provision.

The proposed amendment will be vetted at multiple levels, including the state legislature, the Centre, and the President, making it more robust in case of legal challenges.