Two things will be noticed. The first is that the definition is
an inclusive one. Second, the definition does not refer to what
the content of information can be. In fact, it refers only to the
medium through which such information is disseminated. It is
clear, therefore, that the petitioners are correct in saying that
the public’s right to know is directly affected by Section 66A.
Information of all kinds is roped in – such information may have
scientific, literary or artistic value, it may refer to current events,
it may be obscene or seditious. That such information may
cause annoyance or inconvenience to some is how the offence
is made out. It is clear that the right of the people to know – the
market place of ideas – which the internet provides to persons
of all kinds is what attracts Section 66A. That the information
sent has to be annoying, inconvenient, grossly offensive etc.,
also shows that no distinction is made between mere
discussion or advocacy of a particular point of view which may
be annoying or inconvenient or grossly offensive to some and
incitement by which such words lead to an imminent causal
connection with public disorder, security of State etc.
The
petitioners are right in saying that Section 66A in creating an
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