25 December 2011

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

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

Prior to this a Civil Court of Delhi also directed restrained these sites including Facebook, Google and Youtube from webcasting any "anti-religious" or "anti-social" content promoting hatred or communal disharmony.

On December 20, Additional Civil Judge Mukesh Kumar, in an ex-parte order, had directed the social networking websites to remove the objectionable content in the form photographs, videos or text which might hurt religious sentiments.

A petition was filed by Mufti Aijaz Arshad Qasmi in Delhi Court objecting
To images hurting religious sentiments which are uploaded on the different sites.

Another complainant Vinay Rai, a journalist submitted the material collected from the sites showing obscene picture and derogatory articles pertaining to Prophet Mohammad, Jesus Christ and various Hindu Gods and Goddesses.

Vinay Rai in his complaint filed through advocate Shashi Tripathi, had said that contents hosted on these were “inflammatory” and seek to create enmity and communal violence among various religious communities.

Metropolitan Magistrate (MM) Sudesh Kumar took cognizance on a private criminal complaint filed by the petitioners.

After looking at the material submitted by the complainant the Court said that
"it appears from a bare perusal of the documents that prima facie the accused in connivance with each other and other unknown persons are selling, publicly exhibiting and have put into circulation obscene, lascivious content which also appears to the prurient interests and tends to deprave and corrupt the persons who are likely to read, see or hear the same."

"It is also evident that such contents are continuously openly and freely available to everyone who is using the said network irrespective of their age and even the persons under the age of 18 years have full and uncensored access to such obscene contents,"

The Court issued summons to 21 websites which includes Google, Yahoo, and Blogspot etc.

The Court summoned the accused companies to face trial for allegedly committing the offence punishable under

1. section 292 (sale of obscene books etc)

2. 293 (sale of obscene objects to young person etc)

3. 120-B (criminal conspiracy) of the IPC

The Court also ordered the websites to remove the content immediately.

The court has asked the 21 websites to remove all derogatory content by February 6, 2012.

All the 21 defendants have been told to file compliance order by the same date next year.

The websites will face contempt of court in case they fail to remove the objectionable content by February 6.

Metropolitan Magistrate (MM) Sudesh Kumar also directed to the Centre for taking "immediate appropriate steps" and also file a report in the court by January 13.

The court also said that that prima facie the accused are also liable to be summoned for offences of promoting enmity between classes and causing prejudice to national integration but due to an embargo under the Code of Criminal Procedure, the court can not summon them under these offences without prior sanction of the Central or state government or district magistrate.

Following are the names of 21 websites.
The websites who have been asked to remove objectionable contents includes

1. Facebook India

2. Facebook

3. Google India Pvt Ltd

4. Google

5. Orkut

6. You tube

7. Blogspot

8. Microsoft India Pvt Ltd

9. Microsoft

10. Zombie Time

11. Exboii

12. Boardreader

13. IMC India

14. My Lot

15. Shyni Blog

16. Topix

Remaining names I do not name if I get the remaining names I will update the post.

Why this is happening because our Indian laws are age old and made by the kings for his slaves.

Indian generation is moving in 21st Century and our laws were made in the 18th Century.

Now these 21 Companies what they will do we have to see.

If this complaint,case goes up to Supreme Court of India then it will become a landmark Judgment for Indian citizens which will protect our freedom of speech and thought or which will take away our limited rights.

Why this complaint is dangerous?

Many people even find girls wearing Jeans objectionable then they will file the case
And will say that remove the photos of girls who are wearing jeans.

Breast Cancer photos which show the Breast is it pornography?

Mothers nursing the babies is it bad or pornography?

Each site got the own website policy and if your intentions are good and if you file the complaint to them they will remove the bad content.

But again here comes the difference between laws of two types of countries
Full Freedom vs. limited freedom
until you do not cross the limits set by politicians and religious Baba everything is ok.
fear them and do not question them and all is good the moment you start to question them it becomes bad and you become criminal.

Software’s are available to filter the porn content.

If the bad content is their then on the next page we find the good content.

If you do not like it don’t visit the sites and tell the people site is not good do not visit that xyz site.

What is bad and what is good keeps changing.
person to person definition of porn or bad things keep changing.

Basic question is Does we humans got the right to say what we want to say even if it’s bad or dirty in our privacy or in open.

Regarding net we can say it’s open as well as private.

Once someone uploads the nude photo, normally a visitor who is trying to find a nude photo will land on that website.

Now in the above case, suppose if material is posted by a person who is citizen of other nation and it is hosted outside of India , that country gives freedom of speech and expression so that content is legal their and its not legal in India.

See the conflict?

Like this the case got the lot of importance and it may lead to give the landmark judgment in future if 21 Companies do not obey the Court orders and decide to appeal in the higher Courts

I hope the 21 Companies got the money they should file appeal in the sessions Court or High Court and start the fight for the freedom of expression and speech for the India citizens.
who feel that ban is not solution debate is solution
If you do not like it write a counter article.

Reality views by sm –

Sunday, December 25, 2011

Tags – Names of 21 Websites Summon Delhi Court