Lawstreet Journal

Kerala Government Decides to Amend the Kerala Police Act, 2011 to include intermediation, defamation, or insulting of any person through social media as a punishable offence

Lawstreet Journal 25 Oct 2020 3:51am

Image courtesy: Lawstreet Journal Executive Kerala Government Decides to Amend the Kerala Police Act, 2011 to include intermediation, defamation, or insulting of any person through social media as a punishable offence

Recently, the Kerala Government has decided to amend the Kerala Police Act, 2011 to include intermediation, defamation, or insulting of any person through social media as a punishable offence.

The Kerala Cabinet has also decided to recommend to the Governor to promulgate an ordinance for insertion of a new section in the Kerala Police Act, 2011 i.e. Section 118 A. Governor has the power to promulgate an ordinance when the state legislature is on recess under Article 213 Constitution of India, 1950. Section 118A of the Kerala Police Act, 2011 says that "anyone who produces content publishes or propagates it through any means of communication with an intention to threaten, insult or harm the reputation of an individual will be punished with imprisonment of 5 years or a fine of 10,000 or with both"

In a press release, the Government has said that they are concerned about the rise in the incidence of crime which is perpetrated through social media. The present law is incapable to deal with such crime especially after the Supreme Court struck down Section 66A of the Information Technology Act, 2002, and Section 118(d) of the Kerala Police Act, 2011. So this is the need of the hour to bring a new law that can control the incidence of crime perpetrated through social media. In Shreya Singhal v. Union of India (2013) 12 SCC 73 the Supreme Court has held that Section 118(d) of the Kerala Police Act,2011 violates Article 19 (1) (a) of Constitution of India, 1950 (Freedom of Speech and Expression). The… Continue Reading...


Tagged: Kerala Government  
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