democratic country, we may take them into
consideration. The pattern of Article 19 (1) (a) and
of Article 19 (1) (g) of our constitution is different
from the pattern of the First Amendment to the
American Constitution which is almost absolute in
its terms. The rights guaranteed under Article 19 (1)
(a) and Article 19 (1) (g) of the Constitution are to be
read along with clauses (2) and (6) of Article
19 which carve out areas in respect of which valid
legislation can be made.” (at page 324)
20.
With these prefatory remarks, we will now go to the other
aspects of the challenge made in these writ petitions and
argued before us.
A. Article 19(1)(a) –
Section 66A has been challenged on the ground that it
casts the net very wide – “all information” that is disseminated
over the internet is included within its reach. It will be useful to
note that Section 2(v) of Information Technology Act, 2000
defines information as follows:
“2. Definitions.—(1) In this Act, unless the context
otherwise requires,—
(v) “Information” includes data, message, text,
images,
sound,
voice,
codes,
computer
programmes, software and databases or micro film
or computer generated micro fiche.”
20