12 January 2012

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Delhi HC says may Ban like China Google Facebook Says can not remove content there is a procedure to remove content

Delhi HC says may Ban like China Google Facebook Says can not remove content there is a procedure to remove content

In my last article I wrote that the top companies should file the appeal in the Higher Court.

Suggested Reading –

Delhi Court Summons to 21 Websites Freedom of expression Speech Vs 18th Century laws



The appeal was filed in the High Court.

Senior advocate Siddharth Luthra, appearing for Facebook India, said: "It is impossible to control the contents with billions of people accessing the site.
A third party who uploads the content is not touched and we are sought to be liable in the case."
Further he said that "Facebook India is not the controller of Facebook.com, it is Facebook.com which removes the content not me,"

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".

He said that, 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,"

He said that, Google India is a subsidiary of Google Inc and has a separate legal identity. Moreover, it is not bound by the acts or offences committed by its holding company,"
Even Google Inc cannot be held accountable for the acts of third parties, who simply used the websites for posting or publishing "obscene or objectionable" materials,

He said that we cannot control billion minds. Some are conservative, some are liberal and some write all the defamatory and obnoxious articles on web pages. There is a procedure for getting them removed,
So far, it was nobody's case that either the complainant or the government approached the service provider seeking removal of the alleged defamatory material from websites.

A person can make complaints to the service provider to remove derogatory contents not me."

Another Advocate Neeraj Kishan Kaul for Google India said that the company was not liable as someone else posted the derogatory contents.

Further he said that “nobody has done the homework. With great respect, neither the complainant nor the trial judge did the homework before setting the criminal law into motion."

Search engines like Google India did not host material and it simply takes a netizen to his destination, he said.

He assured the court that if the complainant provides defamatory articles to Google India, then it can use "its good office" in getting them removed by its holding US-based firm.

Hearing all this Delhi High Court Justice Suresh Kait said, that "Like China, we will block all such websites,"
Like in China, Facebook and Google India's websites can be blocked if they fail to come up with a mechanism to check and remove derogatory contents from their web pages, the Delhi High Court warned Thursday.

The Delhi High Court did not quash the trial court complaint against Google and Facebook.

The High Court Wednesday issued notices to the Delhi Police and Vinay Rai who had filed the petition in the trial court against the websites alleging they were hosting obscene and derogatory content.
The move came as Facebook and Google approached the high court challenging a trial court's order.

Reality views by sm –

Thursday, January 12, 2012

Tags – Facebook Google Ban China