[governance] India to block Social Networks "like China"

[Sivasubramanian M]

The Delhi High Court on Thursday warned social networking site Facebook
India and search engine Google India that websites can be "blocked" like in
China if they fail to devise a mechanism to check and remove objectionable
material from their web pages.

"Like China, we will block all such websites," Justice Suresh Kait said
while asking counsel for Facebook and Google India to develop a mechanism
to keep a check on and remove "offensive and objectionable" material from
their web pages.

The two companies had moved the High Court seeking a stay on summons issued
to them by a Delhi trial court that is hearing a private criminal complaint
against them. Justice Kait did not stay the proceedings against the two
websites before the magistrate's court. The case comes up for hearing at
the lower court today.

Former Additional Solicitor General Mukul Rohatgi, appearing for Google
India, said the postings of "obscene, objectionable and defamatory"
articles and other things cannot be "filtered" or "monitored".

"No human interference is possible, and moreover, it can't be feasible to
check such incidents. Billions of people across the globe, post their
articles on the website. Yes, they may be defamatory, obscene but cannot be
checked," Mr Rohatgi said.

He tried to distinguish between Google India and its US-based holding
company Google Inc. "The US-based Google Inc is the service provider and
not me (Google India) and hence, we are not liable for the action of my
holding company. Moreover, it is a criminal case where a vicarious
liability can be fastened on a company which has no role, whatsoever, in
the alleged offence," the lawyer argued.

Citing provisions of the Information Technology Act, the counsel for Google
India said these websites are protected by the law in respect of such
"objectionable" material so far as they are not the authors. The websites,
he said, may lose that legal protection if they either modify or monitor an
article or comments or fail to deal with the complaints of an affected
person or the government on such issues.

More at
http://www.ndtv.com/article/india/can-block-websites-like-china-delhi-high-court-warns-facebook-google-166383

Sivasubramanian M
ISOC India Chennai
http://isocindiachennai.org


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