Govt sanctions prosecution of Google, Facebook over objectionable material

bubusam13

Human
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.

Govt sanctions prosecution of Google, Facebook over objectionable material - The Times of India
 

sukesh1090

Adam young
don't worry this is not going to happen as govt wants to win next election and they know if they ban those sites they will get their *** kicked in next election.they will spare a terrorist for the sake of votes so this is not a big problem.
 

Sarath

iDota
votes? urban votes don't matter as much as rural ones do. Also not a lot of people are aware of this news and most of them are not bothered or will take a stand against it.

But what will remain of the internet after google is gone ? :?
 
OP
bubusam13

bubusam13

Human
you are right, and most who are aware of internet will take it for granted. Most parents (who themselves don't have facebook account) will also welcome this. :p
 

newway01

Journeyman
Things like this made me think to move to a better country like US. Atleast we don't have to face stupidities like these there.

Just a question - If I have a restaurant and if the people who come there for dining talks 'objectionable' stuffs each other, Will I be responsible and held in court for that? Sorry but it sounds like similar case :)
 

Vyom

The Power of x480
Staff member
Admin
First Chinese bans. Then US's SOPA!

Why India always have to follow outside countries, to wrong directions?
 

vaithy

In the zone
thousands of Government offices use Gmail and other related function.. Many politicians such as Minister of State for communications have their facebook page..and their followers..just a days ban itself enough for this Government to haywire..
first let them ban it.. than see the fun..
 

Extreme Gamer

僕はガンダム!
Vendor
SOPA wont prevent you from posting obscene comments :shrug:

But that doesnt mean I like SOPA, before you call me a proponent of rich corporate houses.
Its gonna cause rebellion in the US.
 

shashankm

I reign hell..
An Open Letter

In short Government knows, its failing, it can't really ban. Heck cyber experts in India are as good as Kapil Sibbal with programming and Mayawati in English!
 
OP
bubusam13

bubusam13

Human
No use. Every tyrant will make their own rules and no safety will be there. Ultimately we will need a governing body which will be loyal for a few years until it become corrupt.
 

doomgiver

Warframe
no problems, we have ways of circumventing all this.

and if the worst comes to worst, we are willing to bring down the whole net infrastructure to deny everyone internet access.

the government does not realise the resourcefulness and cunning of today's young ppl.

Anon has struck austrailia, they might strike india too.
i really hope they do, it''ll teach the neta dogs a lesson in humility.

i hope the recover lots of skeletons and expose them to the public at large.

i'll support anyone who take s a stand against this with my full capacity.
 
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