Orkut user, Ajith D is facing legal case over an anti Shiv sena community started by 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 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.” (source)
Supreme court refused to quash the criminal proceedings
“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.”
Who is the culprit?
In essence, SC approves suing of a community group owner whose community gets anonymous comments – extend this to bloggers and you will find everybody in jail.
There are loads of shivsena groups available on Orkut – so isn’t it important to regulate the platform than sue the community owner?
What about the platform that allows this discussion? i.e. Orkut? Orkut, time and again has taken anti-user stand (they happily shared IP address of users with police).
The question is pertinent to Orkut – why allow creating such groups, when you don’t have minimal tools to conduct checks and balances (e.g. profanity filters?).
As far as SC’s decision is concerned, it’s ‘just another’ blow to freedom of speech. While I agree that responsibility lies with bloggers as well, I am not sure whether criminal proceedings is justified.
IT Act 2008
This is what India’s IT Act 2008 has to say :
Any person who sends, by means of a computer resource or a communication device,—
(a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,
c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages,shall be punishable with imprisonment for a term which may extend to three years and with fine.
If you are a blogger, do share your opinion on this case.
Also see: Google India in a legal case over a blogger’s post | Techie held for posting derogatory messages against Sonia Gandhi on Orkut
I feel that India is no longer a democratic country and time and again these extremist organizations have been using the constituition to their benefit. SC gave a blatant response to a plead by Ajith, what about the plead of so many girls affected by the Mangalore pub incident, do you actually need an FIR there, everything is on camera and the whole nation is a witness..
so, will SRK sue aamir for the ‘dog’post?
what about the ReadIf message boards?(with that spelling I can’t be taken to court, can I? for insinuating that such content is posted on their message boards.. wait a minute, you get taken to court right? not me :D so i can understand if this doesn’t get posted)
i wonder about the possibilities though.. if i dont like a blogger and he doesnt moderate comments…. hmmm :D
mmmmmmm
I could not express my views. May be Shiv Sena file case to me also…
Given the already established precedence of Sonia Gandhi case, I think this will occur more and more. But isn’t this case different then the case for bloggers. He created the so called community and that may count as instigating people to post there. If a blogger is writing a post against anybody, there is always the odd chance that he may get sued.
And while “Right to Free Speech” means that we have a right to express our opinion, it also means that we can be held responsible for it.
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I have read a host of comments on this case and would like to offer an overview. India is a democratic country which means that we have laws that every citizen must understand and abide by. A statutory law on defamation has been enacted and the courts have passed nunumerous judgements on the matter. Ajit should have been aware of these laws and clarified the defamatory statements that may have been posted on his site. Alternatively he could have got in touch with the Shiv Sena and sought to settle the matter with them. Looks like I’m suggesting long drawn out procedures but this is what one must be prepared for when one embarks on such a perilous mission of inviting comments on a blog site or even in a newspaper. It must be admitted that blog sites and letters to the editor in a newspaper can be used to defame others by unscrupulous persons. Such a contingency needs to be avoided if the people of India are to maintain their self respect. If not then the only alternative is for the aggrieved party to look to the courts.
I had a lot of respect for the Supreme Court of India..Now I’m losing respect for it..Is it Supreme Court of India or Supreme Court of Bal Thackeray..India is becoming a highly unsafe place..its becoming a breeding ground for terrorists(both hindu and muslim)..Oh bloody Shiv Sena I hate that Bastard Bal Thackeray who creates rift between hindus and muslim, Maharashtrians and other Indians, etc..Let me migrate to US,Europe or any other country..because i dont believe in the law of this country. So Supreme court of Bal Thackeray ruled that it hurts sentiments of people..what about the inflammatory speeches of Thackerays Doesnt it hurt the sentiments of people..Bal Thackeray made fun of South Indians, North Indians and Muslims..Isn’t there any value for our sentiments,you bloody Supreme Court of Bal Thackeray??