DomainK Posted January 13, 2012 Posted January 13, 2012 NEW DELHI: The Delhi High Court on Thursday refused to quash a criminal complaint against Google and Facebook, related to inflammatory images of some Gods and Goddesses, warning websites to comply and devise a mechanism to control objectionable content. "If a contraband is found in your house, it your liability to take action against it," Justice Suresh Cait told lawyers from Facebook India and Google India. "Like China, we can block all such websites (who don't comply). But let us not go to that situation," he said in a packed courtroom. "At present it's obscene images of Gods and Goddesses, tomorrow it can be an image of someone in your family posted online. There has to be some control," he told lawyers of Google India and Facebook India. The Hon'ble Judge Suresh Cait refused to accept Google India's argument that it is just a distributor of Google Inc's Adwords program. He added that liability of content falls on it as it is a 'beneficiary' and does business in India. Both companies cited exemption from liability and said that they don't control or administer the content on the websites but are 100% subsidiaries of the parent companies based in the US. "We can't even tell Google Inc, to upload or not upload a particular article. Google India is a completely different legal entity from Google Inc, which controls the platform," Senior Lawyer Mukul Rohatgi representing Google India told the court. Google and Facebook differed on whether the images and content cited was 'obscene and objectionable'. Lawyers for Facebook India did not agree some images of Gods and Goddesses were obscene, and in the Judge's words even suggested them to be 'informative'. Google India agreed they were obscene, but expressed inability to install a wholesale filter to remove such content. "There are billions of pieces of content being uploaded online. It is simply not practical," a Google lawyer told the Court. After the Judge refused to stay proceedings or quash the criminal complaint, lawyers from Google India suggested that if the complainant cited specifically, it could request Google Inc, to remove the 'objectionable' weblinks from its websites. Facebook and Google shifted the onus of monitoring obscene imagery online on to Internet Service Providers in India such as Bharti Airtel, BSNL and Reliance, saying that under their license conditions they are liable to block it. Lawyers representing Google India also said that the section 79 of the Indian IT Act has granted protection to websites (like social networks) and tinkering with content would remove the protection they have been granted. Cyber law expert Pavan Duggal differs. "Under section 79, the websites are duty bound to take suo moto action and remove such content if they obtain its knowledge. Thus websites can't go scot-free if they obtain such knowledge," Duggal adds. The Indian IT Act applies to any entity in the world whose services impact a computer system in India, Duggal adds. http://economictimes.indiatimes.com/tech/internet/filter-content-or-face-blackout-delhi-hc-warns-facebook-google/articleshow/11464353.cms IMO the court is being a little stubborn here. Showing China as an example was not in the best taste.
seedhi Posted January 13, 2012 Posted January 13, 2012 Govt sanctions prosecution of Google, Facebook over objectionable material Does this govt have any right thinking people left??? How can you prosecute Google, Facebook, Youtube, Orkut etc for their content? They will become laughing stocks if they attempt to summon CEOs sitting in Bay Area to Delhi for this .. Govt sanctions prosecution of Google, Facebook over objectionable material 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. http://timesofindia.indiatimes.com/tech/news/internet/Govt-sanctions-prosecution-of-Google-Facebook-over-objectionable-material/articleshow/11476930.cms
Clarke Posted January 13, 2012 Posted January 13, 2012 Isn't getting offended our fundamental duty ? The Indian High Commission actually shot off a letter to the BBC regarding their TG episode in India but this has far greater ramifications.
Sir john Posted January 13, 2012 Posted January 13, 2012 good thing, govt need to shut/ban these type of websites.:winky: our indian websites are
DomainK Posted January 13, 2012 Author Posted January 13, 2012 good thing, govt need to shut/ban these type of websites.:winky: our indian websites are Good patriotic sentiments. May be you should lead the way by using rediff search in stead of Google and Indiatimes mail in stead of gmail?
nikred Posted January 14, 2012 Posted January 14, 2012 The Social Network 2 - This time Mark Z'berg is dragged to India. :woot:
bulbul Posted January 14, 2012 Posted January 14, 2012 Sachin came to crease BB woke up... On serious note the same people who calls certain groups Moral police now started doing policing themselves
asterix Posted January 14, 2012 Posted January 14, 2012 Sachin came to crease BB woke up... On serious note the same people who calls certain groups Moral police now started doing policing themselves Theres a handy 'Sachin comes to bat ' App available in cricifo. It buzzes the phone when the moment arrives. Sent from my iPhone using Tapatalk
ViruRulez Posted January 14, 2012 Posted January 14, 2012 To be honest, I am starting to pissed off with the nation nowadays. Everything seems to be going wrong in the nation. It is sad that a person who was extremely proud of the nation is starting to feel quite disgusted with the way the nation is heading nowadays. In a way, I can understand nowadays why most of the NRIs do not want to return back to India. On a honest review, all the Western countries are better than us even in terms of democracy leave apart everything else.
achilles Posted January 14, 2012 Posted January 14, 2012 To be honest' date=' I am starting to pissed off with the nation nowadays. Everything seems to be going wrong in the nation. It is sad that a person who was extremely proud of the nation is starting to feel quite disgusted with the way the nation is heading nowadays. In a way, I can understand nowadays why most of the NRIs do not want to return back to India. On a honest review, all the Western countries are better than us even in terms of democracy leave apart everything else.[/quote'] See, India has its pros and cons. In India, you can be given a second chance, no matter what your crime. Outside India, you get to live a better quality of life.
surajmal Posted January 15, 2012 Posted January 15, 2012 Congress is a dying diseased dog and is thus most dangerous to this country's prospects in its current condition. Next few years are going to be rough. The economy is gonna continue to tank and congress is gonna do its utmost best to bury the growing resentment.
DomainK Posted January 15, 2012 Author Posted January 15, 2012 Congress is a dying diseased dog and is thus most dangerous to this country's prospects in its current condition. Next few years are going to be rough. The economy is gonna continue to tank and congress is gonna do its utmost best to bury the growing resentment. Nothing more than a mere reflection of the society. It's the elected party in a democracy. It's high time we stoppd blaming our plight solely on the poloticians. Individual citizens have to take thier share of blame.
Sir john Posted January 15, 2012 Posted January 15, 2012 Good patriotic sentiments. May be you should lead the way by using rediff search in stead of Google and Indiatimes mail in stead of gmail? too many fraud like things in gmail,yahoo, people becoming fool day by day,i have seen many of them, by various people and people post crap about leaders etc in gmail,facebook, etc, this need to stopped, so govt doing right thing.
Lurker Posted January 15, 2012 Posted January 15, 2012 IMO the court is being a little stubborn here. Showing China as an example was not in the best taste. Comparison with China was on the excessive side, but what is the bigger issue you have with the judgement here DK? Personally the defacing of Gods and Godesses have rarely bothered me, but what does bother is the callous atitude of large companies who refuse to own up to anything. From the article you put up here is a line - Google India agreed they were obscene, but expressed inability to install a wholesale filter to remove such content. "There are billions of pieces of content being uploaded online. It is simply not practical," a Google lawyer told the Court. Really? So Google can not control what gets uploaded on web, fair enough, but it sure can control what shows up in its Searches. It has a truckload of techies who work on its Search Engine software, it is Google's USP, its bread and butter, and most importantly its revenue generator. How can Google make money when it can and shave off any responsibility like that? Same with Facebook. They say they dont control what a member uploads. But they are quick to make every little penny off it. How does that work out? Put a different spin to this. ICF is owned by a few people and moderated by few others. Say 10 people put together. There may be thousands of members who post at different times. What happens when one of these posters put a streaming link? Can the Moderators/OWners claim innocence?? Course not. ICF would be shut down immediately. Why are the rules different for Google & Facebook? if anything the latter, with their resources, are in a better position to handle it. xxx
Nova Posted January 16, 2012 Posted January 16, 2012 Lurker has hit the nail on the head, I think. But isn't that a violation of freedom of speech on the internet? By the way if pornography is illegal in India, then why not censor it too?
seedhi Posted January 16, 2012 Posted January 16, 2012 Really? So Google can not control what gets uploaded on web' date=' fair enough, but it sure can control what shows up in its Searches.[/quote']It can, but it can do so only on specific complaints that are made. It is simply not possible to automate the process of deciding whether some text, picture or video violates Indian law. All Google can do is to manually decide whether something is objectionable. Even a truckload of techies cannot automate the process of censoring, it is as simple as that.ICF is ONE website and it requires 10 people. The internet has tens of millions of websites . Now you do the math. By the way, ICF probably runs on a server which has probably has its own agreement with ICF about such content. Google has no such contractual liability as it has its own servers. Let me just add that the real cowards are the govt of India. If they really think that Google, Yahoo etc are doing something objectionable, just ban them and then bear the consequences. All the gateways into the country are controlled by the govt. GoI would not hesitate to ban a shipping or trucking company suspected of smuggling, but it will not touch Google directly. Instead they choose to browbeat these companies through this drama in the court. As with every other thing this govt does, this is also going to end with egg on on its face.
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