India is presently facing a very strange situation. On the one hand it has to prevent the abuse of cyber law of India for curbing genuine speech and expression in cyberspace whereas on the other hand it has to manage the law and order situation in real life as well as in online environment.
A Public Interest Litigation (PIL) has already challenged Section 66A of IT Act 2000, Blocking and Internet Intermediary Guidelines before the Supreme Court of India. In contrast, the CID in Assam has booked a case against an unknown person for publishing an objectionable article titled Annual Rape Festival of Assam. However, the conflict of laws in cyberspace is really restricting its efforts in this regard.
GuardianLV has reported that as per the preliminary investigation of Assam CID, the offending article came from Uganda, but the website probably came out of Houston, Texas. CID Senior superintendent of police, Dr. B. Kuman Upadhyaya, said that although their initial probing has shown Uganda as the location where the “Assam Rape Festival” came from, it will take time for them to find the exact source in Uganda. “We have written mails to the administrator of a Ugandan website, which has circulated the link to the defamatory article. We have sought their cooperation in our investigation,” he said.
The CID suspects that the cyber crime is not only one of “defamation” but “conspiracy.” The offenders intentionally targeted Assam and the country, according to the CID. This case has been filed under Section 66A of the Information Technology Act.