Bloggers Beware! - Instablogs
Bloggers Beware!
Shiv , india: Feb 26 2009
Made Popular Feb 26 2009
India :

Bloggers Beware!

From The Times of India:

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.”

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2 Stars
Shiv
india, India
the freedom of individual is fast getting eroded
first recognition of hartal/strike/bandh forcing people to stay indoors against their will sort of house arrest with no recourse as state will not press its machinery to enforce court orders
then election commission has permitted political parties to vandalize the walls of pvt property
the safe guards provided such as getting written consent from owner & cleaning of walls within a week can not be enforced
there is no protection for those who do not wish to grant permission (WHO WILL )

assault on women in pubs as also on dating couple with forced marriage

I WONDER WHETHER DEMOCRACY IS FAST BECOMING ANARCHY
1 Stars
Shiv
india, India
i wonder has talibans have arrived in country & the undivided india has become a talibanistan
first the coup in nepal & now the mutiny in bangldesh, pakistan remains on the boil
the subcontinent has become the most dangerous place on the earth with nukes further complicating the situation
1 Stars
Shiv
india, India
inhi logon ne hai cheene azadi meri
hamri na mano....
1 Stars
Lynne K
Sydney, Australia
Unbelievable,
I thought that at least everyone even the people in repressed countries could still express their views on the net, whether anyone agreed or not, it didn’t matter but aparently - not so, judging from this case - poor guy!
Government Beurocracy gone mad, they must feel very insecure.
2 Stars
I guess someone will now table the Bloggers’ Bill. As it is no one pays any of us. What needs to be seen though is that did this young person actually incite communal disharmony, abused any particular sect/belief. While we can keep arguing about democracy and fundamental rights it is incumbent on individuals to own up/defend what they are writing. The exposure on the internet is many times more than in offline public life .. so all the more reason to use restraint.
1 Stars
Wonda L
Earth, Canada
The basic rule of human nature is that powerful people in government speak slowly and subservient people quickly — because if we don’t speak fast no one will listen to us.
The fewer stronger minds will always squash the weaker- thus most hide behind the bushes talking and then running to the next bush
1 Stars
Jay
Mumbai, India
Makes you really wonder if the laws are only meant for the common man only.

I wish to ask was the supreme/high court were sleeping when violence was taking place against people from other states. The man responsible is still out and making speeches and here if a common man expresses his opinion he is made answerable.

The laws are meant to protect the people and not used against them

Only when we, the people stand up, can we see some real change in the society. Just talking about it won’t help!!!
2 Stars
Shiv
india, India
sir, pl take care apart from I T ACT contempt of court is also involved
we must find our way across the mine field using loopholes
let us rephrase our comments , sugar coat them without diluting the potency
where there is a will there is a blog
we can make ourselves heard even in banana republic
why expose & get killed
take cover & have a good shot
1 Stars
Shiv
india, India
bharat votes india rules
hum us des make wasi hain to
ram teri ganga maili ho gayee
from corruption to polution
i wonder where we are heading
gandhiji taught us the art of civil disobedience for the unjust laws
it is not treson
but loc must not be crossed
here we are governed by wisdom
let us use mind not heart
1 Stars
Shiv
india, India
sir, courts are bound by the letter of law & argument put forward before them
we can always ask for a review or petition our mps to move amendments
or challenge the constitutional validity of info tech act
we are not help less
when people talk every one listens
3 Stars
Incognito
Boca Raton, United States
Sad, freedom of speech is taking a dive all over the world.
1 Stars
We can definitely write against something if that is terribly wrong.
Suppressing our views over wrongdoings will unnecessarily increase the chances of more and more criminal activities.In a country where democracy rules supreme,we can and should express our thoughts and turn them into fruitful acts without a care for the miscreants.
1 Stars
It will be wonderful to have someone provide a legal perspective on this based on the laws of the land. That would sure be more educative and may in fact result in 1) protecting ourselves as bloggers 2) developing a code of conduct and most importantly in providing the much needed help to the hapless young man.
0 Stars
Shiv
india, India
ALL THIS MEANS IS THAT WE HAVE TO WRITE BY MIND & not by emotions
let us write in black & white & not in colorful language
for instance we can say that the issue of son of soil is a political gimmick & against indian constitution
we can also report incidents as they happened
but we may not use adjectives
for instance we can say that rape is a crime but can not say that the rapists should be hanged
just walk on the side walk & there are less likely chances of a hit & run
in this particular case it was a hate site on whica death threat was posted which was not removed by the moderator
just as we have to keep our pet under leash so also abuse has to be removed promptly
moderators have to be like a traffic police, no free for all here
1 Stars
ARVIND K.PANDEY
PRAYAG, India
Well, no need to worry about the developments in this regard.This gentlemen has many options before him.The Supreme Court has done a right thing.Don’t forget that Court follows the priciple:Hear the other side.If this gentleman has written the content with right intentions,the court will definitely let him have his own way.

Nobdy has right to misuse freedom of expression.That’s it.
1 Stars
Shiv
india, India
sir, just think of the time & money the poor soul will have to spend
do you think he will ever freely express himself
i am no admirer of mr thackre or mr modi but will not start a hate community
so pl think before you write
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