India: Bloggers can be nailed for views

[iNFiNiTE]

Disturbing News

NEW DELHI: A 19-year-old blogger's case could forever change the ground rules of blogging. Bloggers may no longer express their uninhibited
views on everything under the sun, for the Supreme Court said they may face libel and even prosecution for the blog content.

It will no longer be safe to start a blog and invite others to register their raunchy, caustic and even abusive comments on an issue while seeking protection behind the disclaimer — views expressed on the blog are that of the writers.

This chilling warning emerged as a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam refused to protect a 19-year-old Kerala boy, who had started a community on Orkut against Shiv Sena, from protection against summons received from a Maharashtra court on a criminal case filed against him.

Petitioner Ajith D had started a community on Orkut against Shiv Sena. In this community, there were several posts and discussions by anonymous persons who alleged that Shiv Sena was trying to divide the country on region and caste basis.

Reacting to these posts, the Shiv Sena youth wing's state secretary registered a criminal complaint at Thane police station in August 2008 based on which FIR was registered against Ajith under Sections 506 and 295A pertaining to hurting public sentiment.

After getting anticipatory bail from Kerala HC, Ajith moved the Supreme Court through counsel Jogy Scaria seeking quashing of the criminal complaint on the ground that the blog contents were restricted to communication within the community and did not have defamation value. He also pleaded that there was threat to his life if he appeared in a Maharashtra court.

A computer science student, Ajith pleaded that the comments made on the blog were mere exercise of their fundamental right to freedom of expression and speech and could not be treated as an offence by police.

Unimpressed, the Bench said, "We cannot quash criminal proceedings. You are a computer student and you know how many people access internet portals. Hence, if someone files a criminal action on the basis of the content, then you will have to face the case. You have to go before the court and explain your conduct."

Source

[unni]

Disturbing News

You can be jailed for contempt of court.

Now onwards, in all our posts, the thread starter should put something like

"Any replies made to this thread is the sole responsibility of the poster. The thread starter shall not be liable for any issues that may arise because of your posts. "

I can't think much.

[Faun]

Thank you India

[victor_rambo]

Can't this be an argument that the data was present on a US server and not an Indian server, and that US servers are beyond the jurisdiction of Indian Laws. Isn't this how warez and other illegal sites operate by staying beyond the scope of jurisdiction?

There may be a counter-argument that Indian internet services were used to transmit the content, but then the nature of digital content is such that it cannot be seen until it is published through a medium. The medium in this case is located in US--far beyond the Indian jurisdiction.

[ico]

Hmmmm what about India TV then? Freedom of speech?

[unni]

94 comments in the TimesOfIndia Article!!!

The same must be applicable to politicians as well. The person who calls for a bandh must be liable for whatever happens during it. If the party workers resort to violence, the party leader must be arrested.

[iNFiNiTE]

Originally Posted by victor_rambo

Can't this be an argument that the data was present on a US server and not an Indian server, and that US servers are beyond the jurisdiction of Indian Laws. Isn't this how warez and other illegal sites operate by staying beyond the scope of jurisdiction?

There may be a counter-argument that Indian internet services were used to transmit the content, but then the nature of digital content is such that it cannot be seen until it is published through a medium. The medium in this case is located in US--far beyond the Indian jurisdiction.

But this is not a case of warez or illegal torrents, the thoughts and the views expressed were of the posters, regardless of the medium used.(According to the skewed logic, i.e.)

It's a shame that our politicians can get away with anything they say, often citing the reason of 'misinterpretation of their views by the media' or in some cases with derogatory comments against certain sections/religions of society, while How dare WE, the ordinay citizens raise our voices against them.

[alexanderthegreat]

Whatever is happening to the world?? Wherever are those Human Rights guys? This is absolutely outrageous! Are they gonna shut down this forum if we discuss anything in the fight club section?!?

@victor_rambo:Exactly! Nice argument! I wonder if the judges will listen to this or not. Anyway, it's really shameful to see the bloggers have to use the same measures to escape as illegal content posters.

[unni]

Originally Posted by victor_rambo

Can't this be an argument that the data was present on a US server and not an Indian server, and that US servers are beyond the jurisdiction of Indian Laws. Isn't this how warez and other illegal sites operate by staying beyond the scope of jurisdiction?

There may be a counter-argument that Indian internet services were used to transmit the content, but then the nature of digital content is such that it cannot be seen until it is published through a medium. The medium in this case is located in US--far beyond the Indian jurisdiction.

Superb point. I didn't understand it the first time. For some reason, things will become clear only when read from office PC.

[victor_rambo]

If this is gonna come to Mumbai, I can surely go to the court and present my point. Else, I hope, someone from Delhi could represent my point.

Its a pity that Indian judiciary does not have this acute sense of judgement.

[Faun]

^^well...what can you expect from technologically incompetent government and law makers...