My thoughts:

Your original piece essentially boils down to this- the government has
managed to figure out how to muzzle the mainstream media. It can't control
what the untold millions say on social media, so it introduced S. 66A ,
with the aim of stifling anything it found objectionable.

This is what S. 66 A says:

*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;
(b) any information which he knows to be false, but for the purpose of
causing annoyance, inconvenience,     danger, obstruction, insult, injury,
criminal intimidation, enmity, hatred, or ill will, persistently by making
use of such computer resource or a communication device,
(c) any electronic mail or electronic mail message for the purpose of
causing annoyance or inconvenience or to deceive or to mislead the
addressee or recipient about the origin of such messages

shall be punishable with imprisonment for a term which may extend to three
years and with fine.*

We can discuss this threadbare, but my view is that this section was just
badly drafted and without being fully thought through. We're now seeing
this play out in real terms, where anyone can go and complain, but the
solution is to tighten 66A, stick to part (b) and the second half of part
(c), and rationalize the penalty with that prescibed for other offences in
the Penal Code.

Your original piece on the so-called freedom of the press mentioned holy
cows, media not publishing certain articles, and paid "immunity from
exposure". None of these have anything to do with government control over
the press- these have to do with either a strong sense of self-preservation
(don't talk about Man from Matunga, else we'll have a mob outside), or just
plain vested interests.

In addition, getting to the point where you can expose a story often needs
real, solid proof. Printing something based on a conversation over drinks
can get you sued for defamation- which is a criminal offence and prescribes
upto 2 years imprisonment. If you don't have proof, it makes sense not to
say it.

I'm not part of the media industry, but my sense is that the media is
largely self-censoring because of these reasons. Yes, there will be
instances like Tehelka, but I hope these are relatively isolated instances.

My view-S. 66A needs to be drafted better, and to actually focus on
deliberate and malicious acts. Also- I don't subscribe to the view that
this section was put in place to intimidate Facebook users who post
inconvenient things.

On Fri, Nov 30, 2012 at 2:24 AM, Mahesh Murthy <mahesh.mur...@gmail.com>wrote:

> I thought some of you might be interested in this on-going discussion on
> some stuff I wrote in HT, a rejoinder to my article - and my rejoinder to
> the rejoinder.
>
> Most of it is here: http://oh.pn/66D
>
>
>
> My $0.02,
>
>
> Mahesh
>

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