We can block Facebook, Google like China: Delhi HC

nrj

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The Delhi high court today warned social networking site Facebook India and search engine Google India that websites can be "blocked" like in China if they fail to devise a mechanism to check and remove objectionable material from their web pages. "Like China, we will block all such websites," Justice Suresh Kait said while asking counsel for Facebook and Google India to develop a mechanism to keep a check and remove "offensive and objectionable" material from their web pages.

Justice Kait, who did not stay the proceedings against the two websites before magistrate's court, however agreed with the plea of lawyers that they would not press for an effective hearing in the trial court on Friday.

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".

"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.

Rohatgi tried to distinguish between Google India and its US-based holding company Google Inc.

"The US-based Google Inc is the service provider and not me (Google India) and hence, we are not liable for the action of my holding company. Moreover, it is criminal case where a vicarious liability cannot rpt cannot be fastened on a company which has no role, whatsoever, in the alleged offence."

Google India, which is not a service provider, is a subsidiary of Google Inc and is a separate entity distinct from its holding US-based firm, said Rohatgi.

"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," he said.

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.

"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," he said.

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.


Another advocate NK Kaul, appearing for Google India, said "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.

Additional solicitor general (ASG) AS Chandhiok, appearing for the Centre, objected to the plea of Google India saying the US-based Google Inc has "sufficient mechanism" to know that what is offending material.

We can block Facebook, Google like China: Delhi HC - Hindustan Times
 

nrj

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What if it is your family's obscene image?: High Court to Google

The Delhi HC on Thursday refused to quash a criminal complaint against Google and Facebook on inflammatory content, saying that today it may be obscene images of Gods and Goddesses but tomorrow it can be 'a family member's image' posted on social networks.


The Hon'ble Judge Suresh Cait refused to accept Google India's argument that it is just a distributor of Google Inc's Adwords program but added that liability falls on it as it is a 'beneficiary' and does business in India.


"If a contraband is found in your house, it your liability to take action against it," the judge told lawyers from Facebook India and Google India, 100% subsidiaries of the world's two largest internet companies.


The Judge has scheduled Monday, January 16, as the date of a furthur hearing. He refused to quash the criminal complaint pending in the Patiala House court, which is due for hearing on Friday.

What if it is your family’s obscene image?: High Court to Google - The Economic Times
 

Iamanidiot

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Foot in mouth by delhi HC.Can a PIL be lodged in SC that this judgement is violating fundamental rights
 

Vyom

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The Delhi HC on Thursday refused to quash a criminal complaint against Google and Facebook on inflammatory content, saying that today it may be obscene images of Gods and Goddesses but tomorrow it can be 'a family member's image' posted on social networks. .
That to me is no different. Exactly the reason why Hussain was rightfully protested.
 

Ray

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The Delhi high court today warned social networking site Facebook India and search engine Google India that websites can be "blocked" like in China if they fail to devise a mechanism to check and remove objectionable material from their web pages. "Like China, we will block all such websites," Justice Suresh Kait said while asking counsel for Facebook and Google India to develop a mechanism to keep a check and remove "offensive and objectionable" material from their web pages.
Go ahead and block like China and raise the Chinese Flag.

That is all that is required!

Who is the Three Wise Men in Boat to decide what is objectionable?

The newspaper carries ads of Escort Service and Massage Parlours.

Aren't they also objectionable?

What about the Jarawa?

Quis custodiet ipsos custodes?

"Who will guard the guards themselves?"
 
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Param

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Go ahead ban the internet, since there is penty of objectionable content everywhere.
 

Tshering22

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Do this and a violent version anna hazare movement would start. Delhi HC idiots simply forgot that people in India haven't been groomed not to have one's opinion like indoctrination in China.

Seems HC felt left alone seeing UPA get all the flak last time. Now it is also desperate to get aggressive protests outside it with people hurtling slippers and rotten tomatoes on HC judges.
 

thakur_ritesh

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if the government failed, let it be done by the courts. in certain issues india and pakistan are no different.
 

nrj

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Few weeks back, 2 State transport buses were burnt & 4 persons severely injured in my hometown last time some Majidwalas had problem with Allah-abusing content on Facebook. A curfew was implemented for 1 complete day because of this shyt.

Abusive, defamatory, vindictive content should be removed. Why others should face problem because some religious/non-religious groups have problem with website based out in California ??
 

Iamanidiot

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Few weeks back, 2 State transport buses were burnt & 4 persons severely injured in my hometown last time some Majidwalas had problem with abusing content on Allah on Facebook. A curfew was implemented for 1 complete day because of this shyt.

Abusive, defamatory, vindictive content should be removed. Why others should face problem because some religious/non-religious groups have problem with website based out in California ??
The majidwalas are idiots for destroying public property.If this happened in AP they would have given the correct dose and not a squeak would have heard.The imam is the culprit for destroying public property
 

Godless-Kafir

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This is redicilious, internet was doing well without their medling. Now it will go down the drain like Alchocol probihition.
 

Bangalorean

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^^ Those masjidwallahs should have been lathicharged mercilessly, and a couple of them should have been given special treatment later. That will teach them to mess with public property! :frusty:
 

nrj

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The majidwalas are idiots for destroying public property.If this happened in AP they would have given the correct dose and not a squeak would have heard.The imam is the culprit for destroying public property
Majidwalas are idiots & followers are also idiots to start a riot because of this issue.

Question is if we can prevent it or not ?
 

nrj

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^^ Those masjidwallahs should have been lathicharged mercilessly, and a couple of them should have been given special treatment later. That will teach them to mess with public property! :frusty:
What ?

Local politicians have no better opportunity than this to escalate situation & score some points. Those politicians allow/help riots to happen and direct police to sit back & just watch. Police operate on direction of MP/MLAs. No point in blaming them.
 

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