NEPAL OPEN UNIVERSITY

Faculty of Management and Law

Mid Term Examinations: 2079

Programme: LL.B. Full Marks: 50

Subject: Cyber Law Pass Marks: 23
Year: III Time: 1½ hrs.

Group A: Conceptual Short Answer-Question

Attempt any THREE questions given below (3x5=15)

1. Define the term “Cyber Law”? Why is cyber law studied?

2. Mention some of the nature and importance of cyber law.

3. What are the sources of cyber law?

4. What are the importance and scope of E-Commerce in the day-to-day activities?

5. How are disputes settled in the cyber space?

Group B- Critical/ Problem answer-questions

Attempt any TWO questions (2x10=20)

6. How has the development of cyber law in Nepal taken place? Describe.

7. How is intellectual property right of an author/inventor protected in the cyber world? Discuss in
brief.

8. Does Nepalese legislation use cyber forensic and admissibility of electronic evidence in
prosecution. Explain with suitable examples of other country where it has been taken into
account.

Group C- Problem Solving

9. Read the following legal situation and answer the questions that follow
(3x5=15)

An Indian Case: Shreya Singhal v. UOI [(2013) 12 SCC 73]

In the instant case, the validity of Section 66A of the IT Act of India was challenged before the
Supreme Court of India.

Facts: Two women were arrested under Section 66A of the IT Act after they posted allegedly
offensive and objectionable comments on Facebook concerning the complete shutdown of
Mumbai after the demise of a political leader. Section 66A of the IT Act provides punishment if
any person using a computer resource or communication, such information which is offensive,
false, or causes annoyance, inconvenience, danger, insult, hatred, injury, or ill will. The women,
in response to the arrest, filed a petition challenging the constitutionality of Section 66A of the IT
Act on the ground that it is violative of the freedom of speech and expression.

Decision: The Supreme Court based its decision on three concepts namely: discussion, advocacy,
and incitement. It observed that mere discussion or even advocacy of a cause, no matter how
unpopular, is at the heart of the freedom of speech and expression. It was found that Section 66A
was capable of restricting all forms of communication and it contained no distinction between
mere advocacy or discussion on a particular cause which is offensive to some and incitement by
such words leading to a causal connection to public disorder, security, health, and so on.

Questions:

a. What are the facts of the above case?

b. What was the decision of the Supreme Court of India, on the above case?
c. What was the basis for such decision?