[governance] India to block Social Networks "like China" [Day 2 in Delhi Courts]

Salanieta T. Tamanikaiwaimaro salanieta.tamanikaiwaimaro at gmail.com
Fri Jan 13 04:12:49 EST 2012


Thanks Siva, I read your post with much interest and also the link. I also
noticed that an update has been made some 40 minutes ago.
Today's updates can be found here:
http://www.ndtv.com/article/india/google-facebook-case-govt-to-serve-summons-to-foreign-sites-166543


Sala

On Fri, Jan 13, 2012 at 7:21 PM, Sivasubramanian M <isolatedn at gmail.com>wrote:

> 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
>
>
> facebook: goo.gl/1VvIG
> LinkedIn:  goo.gl/eUt7s
> Twitter: http://goo.gl/kaQ3a
> http://internetstudio.in/
>
>
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-- 
Salanieta Tamanikaiwaimaro aka Sala

Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
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