Even if you accidentally retweet an offensive tweet, you can be liable under 66A

Sec 66A of IT Act is a draconian Act. It reads as under:

66A.Punishment for sending offensive messages through communication service, etc.: Any person who sends, by means of a computer resource or a communication device,-
(a) any information that is grossly offensive or has menacing character; or
........

Please halt here and mark that clause (a) does not use word "Knowingly". So even if you accidentally retweet an offensive tweet, you can be liable under Sec. 66A(a)

This is draconian law.

I am hopeful that when this section is challenged in Supreme Court it will be struck down or will be read down.

Haresh Raichura
29/11/12