Shreya Singhal v. Union of India

The provision also made it punishable to persistently send information which the sender knows to be false for annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will.

[5] The provisions were challenged in the Supreme Court, in a series of writ petitions by individuals (Shreya Singhal), NGOs (People's Union for Civil Liberties, Common Cause), and companies(Mouthshut.com).

[citation needed] Speaking for the Court, Justice Nariman discussed the various standards which are applicable to adjudge when restrictions on speech can be deemed reasonable, under Article 19(2) of the Indian Constitution.

The Court held that Section 66-A was vague and over-broad, and therefore fell foul of Article 19(1)(a), since the statute was not narrowly tailored to specific instances of speech which it sought to curb.

Further, the Court held that the 'public order' restriction under Article 19(2) of the Constitution would not apply to cases of 'advocacy', but only to 'incitement', specifically incitement which has a proximate relation to public disorder.