Govt sanctions prosecution of Google, Facebook over objectionable material

[bubusam13]

NEW DELHI: A day after Delhi high court warned social websites to devise mechanism to check and remove objectionable content or face action like in China, there was more trouble for them.

The government on Friday told a Delhi trial court that there is sufficient material to proceed against 21 social networking sites for offences of promoting enmity between classes and causing prejudice to national integration.

"The sanctioning authority has personally gone through the entire records and materials produced before him and after considering and examining the same, he is satisfied that there is sufficient material to proceed against the accused persons under section 153-A, 153-B and 295-A of the IPC," the Centre said in its report placed before Metropolitan Magistrate Sudesh Kumar.

The list includes Facebook, Google, Yahoo and Microsoft.

The matter will now come up for hearing on March 13 and the court has directed the accused to appear in person on the next date.

The two-page report was placed after the court directed ministry of external affairs (MEA) to get the summons served on over ten foreign-based companies. The summons were issued on December 23 last but they remained unserved.

The court had on December 23 issued summons to 21 social netorking websites for allegedly committing offences of criminal conspiracy, sale of obscene books and sale of obscene objects to young persons.

It had said prima facie the accused companies were liable to be summoned for promoting enemity between classes, causing prejudice to national integration and insulting religion or religious belief of any class, but it could not summon them without having prior sanction of central or state government or the district magistrate.

The department of information technology, in its report, granted saction to proceed against the 21 companies for allegedly promoting enmity between classes and causing prejudice to national integration.

The report said, "The documents and contents therein are in the nature to instigate enimity between different groups on the ground of religion, race, place of birth, residence, language and doing acts prejudicial to the maintainance of harmony...."

It said the contents were provocative and were prejudicial to national integration.

The report said in view of the documents and confirmation of availability of such contents on the website/ search engines as reported by station house officer of Tughlak Road police station, the sanctioning authority, Government of India, was satisfied that such content was violative of the provisions of the Information Technology (Intermediary Guidelines) Rules 2011.

It said after due application of "judicious mind", it was found appropriate to grant sanction under section 196 of CrPC to proceed against the accused persons in the aforesaid complaint keeping in view national harmony, integration and national interest.

The report said that they had held four meetings with the representatives of social networking sites and search engines Google, Facebook, Yahoo and Microsoft.

"The availability of objectionable content on their websites and their search results through the search engine was brought to their knowledge. The objectionable and defamatory content was also shown to them and they were requested to take appropriate action in the public interest, national harmony and integration....," it said.

The report said even in August last year, the availability of similar content on such websites was brought to the notice of the Department of Information Technology.

Meanwhile, the court on Friday issued directions to the MEA after the counsel appearing for Facebook India said over ten out of the 21 companies were foreign based and the court would have to issue process to serve the summons to them.

The magistrate directed the MEA to get the summons served saying, "Let the process (to serve the summons) to (foreign based) accused be sent through MEA as per the process."

The court's order came after advocate Shashi Tripathi, appearing for complainant Vinay Rai, said he would file a fresh list of addresses of these foreign-based sites in the court.

During the hearing, senior advocate Siddharth Luthra, representing Facebook India, sought adjournment for the day saying the matter is pending before the Delhi high court and the case file is also in the high court.

He said that one of the accused, who is chairman of the Facebook, is based in California in USA and the court will have to direct the MEA for serving summons on him.

The counsel for Google India Pvt Ltd also asked the court to adjourn the matter today. He said that summons issued to accused companies Orkut, Youtube and Blogspot have been mistakenly served at their premises here.

Some of the accused companies had also moved the high court against the summons issued to them.

The magistrate's December 23 order had come three days after another court in a civil case had restrained these sites including Facebook, Google and Youtube from webcasting any "anti-religious" or "anti-social" content promoting hatred or communal disharmony.

Govt sanctions prosecution of Google, Facebook over objectionable material - The Times of India

[Faun]

How much bribe will settle the scores here ?

[Sarath]

Originally Posted by Faun

How much bribe will settle the scores here ?

This is the kind of post where you completely forget what you actually had in mind and wanted to post

[MetalheadGautham]

When these sites actually get banned, you can add 2000₹ to your annual internet bill as amount spent on a private proxy in the US

[sukesh1090]

don't worry this is not going to happen as govt wants to win next election and they know if they ban those sites they will get their *** kicked in next election.they will spare a terrorist for the sake of votes so this is not a big problem.

[Sarath]

votes? urban votes don't matter as much as rural ones do. Also not a lot of people are aware of this news and most of them are not bothered or will take a stand against it.

But what will remain of the internet after google is gone ?

[bubusam13]

you are right, and most who are aware of internet will take it for granted. Most parents (who themselves don't have facebook account) will also welcome this.

[newway01]

Things like this made me think to move to a better country like US. Atleast we don't have to face stupidities like these there.

Just a question - If I have a restaurant and if the people who come there for dining talks 'objectionable' stuffs each other, Will I be responsible and held in court for that? Sorry but it sounds like similar case

[hellknight]

^^LOL.. have you heard about SOPA?

[Vyom]

First Chinese bans. Then US's SOPA!

Why India always have to follow outside countries, to wrong directions?

[vaithy]

thousands of Government offices use Gmail and other related function.. Many politicians such as Minister of State for communications have their facebook page..and their followers..just a days ban itself enough for this Government to haywire..
first let them ban it.. than see the fun..

[MetalheadGautham]

Originally Posted by newway01

Things like this made me think to move to a better country like US. Atleast we don't have to face stupidities like these there.

US has SOPA.

If I wanted a better home, I'd be taking Finnish classes soon

[Extreme Gamer]

SOPA wont prevent you from posting obscene comments :shrug:

But that doesnt mean I like SOPA, before you call me a proponent of rich corporate houses.
Its gonna cause rebellion in the US.

[newway01]

How about moving to a new planet and then live a life of our own and with our own rules...

[shashankm]

An Open Letter

In short Government knows, its failing, it can't really ban. Heck cyber experts in India are as good as Kapil Sibbal with programming and Mayawati in English!

[bubusam13]

No use. Every tyrant will make their own rules and no safety will be there. Ultimately we will need a governing body which will be loyal for a few years until it become corrupt.

[Kola2842]

Will this happen ?
It may be said as 2012 .
without google wtf??

[doomgiver]

no problems, we have ways of circumventing all this.

and if the worst comes to worst, we are willing to bring down the whole net infrastructure to deny everyone internet access.

the government does not realise the resourcefulness and cunning of today's young ppl.

Anon has struck austrailia, they might strike india too.
i really hope they do, it''ll teach the neta dogs a lesson in humility.

i hope the recover lots of skeletons and expose them to the public at large.

i'll support anyone who take s a stand against this with my full capacity.

[Kola2842]

Proxy servers ??

[Extreme Gamer]

Guys use Tor browser

The sites blocked by ISPs work in it.

[doomgiver]

you gotta pay for tor, iirc.

[The Sorcerer]

Well I posted something here I wondered why it was locked. But let's continue the conversation here:
As mentioned here:

As much I feel bad and feel hurt by certain comments people make on individuals, genders, religion, nationality, etc. censorship the freedom of speech is a bigger evil IMHO.

Amol Sharma and Preetika Rana, both who write for Wall Street Journal, interviewed the person who filed a lawsuit against Google and Facebook (and giving him a colourful nickname).
Source

Before we say anything, remember one thing. In a way Vinay Rai himself admits that he doesn't really know how the internet/social media works and he hasn't tried to do something that many did.

It is the right of every Indian citizen to voice his/her opinion against what he deems objectionable.

And yet he says:

I did not deem it appropriate to approach foreign companies myself.

Like many incompetent people online, he never heard of a "Report Button".

and this is what he said later:

I’m not too active on social media. I registered on Facebook over 2 years ago but deactivated my account a few months later. This was because my inbox was flooded with external applications, requests and games sent by unknown users via the website. Since I wasn’t too familiar with the content, I deactivated my account.

A guy who doesn't know anything about social media and obviously looks as if he doesn't know how the internet works- or even attempt to know about it is the same guy who filed a complained. I mean- what???

Meanwhile Indian Government has started censoring the internet as a satirical website cartoonsagainstcorruption.com that is hosted in BigRock has been forced to shut down because they didn't like it.
I am sure you are all aware of an Indian website called Cartoonsagainstcorruption.com being suspended few days? Well I spoke to owner just now.

As according to my conversation with Aseem Trivedi, the owner of the website Cartoons Against Corruption that was hosted in Indian hosting company BigRock has been suspended by the order given by Mumbai Crime Branch. BigRock and/or Mumbai Crime Branch did not inform Aseem Trivedi before suspending the site. There has been no court order, no formal or informal letter by BigRock and Mumbai Crime Branch. Since when Mumbai Crime Branch received judicial powers to shut down a site without informing the site owner? and why did BigRock, an Indian origin web hosting company, did not inform Aseem Trivedi? Where is the court order? Where is the paper that orders BigRock to shut down the site? Why was it not given before? Why can't these people know the difference between satire, sarcasm and have any sense of humour?

Actions like this raises doubts. We are not going the way of China, we're already there. Nevertheless it pretty much shows that one shouldn't really rely on Indian hosting sites. If a proper system is not followed to remove the content- or worse- to shut down the site, then its best if people take their business out of such hosting companies.

[Extreme Gamer]

@doomgiver:no. its free.

[serpent16]

tor brower website isnt loading

[rajeevk]

Try Ultra Surf software which helps you to surf blocked sites as well. It is free.