dear friends
Further to my earlier mail, just now, i came across another story which has appeared in Times of India, Bangalore on this subject. Please read this.
Srinivasan
http://epaper.
Bloggers' block?
The SC has refused to quash proceedings in a defamation case against a blogger.
Are bloggers worried? PRATHIBHA JOY
BLOGGERS are calling it contempt of the liberty of the people in a democratic nation and it has fuelled widespread debate. But as it stands, a 19-year-old student, who ran a community that hosted members' views against the Shiv Sena on a social networking site, will have to appear in court and explain his conduct. His plea to the apex court to quash proceedings, as he claimed to have been merely exercising his right to freedom of speech and expression, failed to impress the bench. BT gets the views of bloggers about the implications of such a case.
SANDIL SRINIVASAN
http://mutiny.
I welcome the intent behind the move but not the move itself. It'll ensure that bloggers reduce their meaningless online rants. Bloggers feel this is violation of freedom of expression, but it's this constitutional right that political leaders exploit to spread violence. Controls have to be in place, but you can't judge a public figure and a blogger with the same yardstick. There's a need for bloggers to be united in action against denial of rights by the court and abuse of rights by their own community. I also see the need for an 'alternate media forum' that represents the blogosphere. The association needs to interact with lawmakers and work towards distinguishing between expressing one's opinion freely and hurting public sentiment.
LAWRENCE LIANG
http://kafila.
Justice Balakrishnan, in refusing to quash criminal proceedings against a 19-year-old blogger, says that any blogger posting material on the Web should be aware of the reach of the Internet and be willing to face the consequences of such action. This sounds fair, and it would seem that if bloggers are exercising their right to freedom of speech and expression, then they should be subject to the same norms as a newspaper or a magazine. The equation of an individual blogger with the might of a newspaper or a magazine is a little troubling. Individuals do not have the same kind of power, money or reach to defend themselves.
ANURAG S
http://ekawaaz.
I agree that I'm responsible for whatever I publish on my site or page, but not for someone else's views or that of anonymous users. If any questionable content is published by the blog owner, then it is logical to sue him. India is a land of free thinkers, but it seems this concept will die soon if criminal proceedings and the ruling go against this little blogger. I'm not sure what Indian law says about blogger responsibility and duty. In the US bloggers are not liable for libelous comments as US federal law protects them from libel lawsuits based on comments posted anonymously on their blogs. WATCH WHAT YOU SAY
"Legal action against an alleged defamatory act can either be in the form of criminal action (Sec. 499 of the IPC) or a civil action under common law for damages. The main difference is that while criminal defamation seeks to punish the offender, the civil action seeks compensation in the form of monetary damages. It is also important to note that while intention of the defaming party is relevant for any action brought under Sec. 499 of the IPC, it is irrelevant for the purpose of any civil case."
dear friends
Often enthusiastic bloggers and social media users take the cyber
space for
granted. Even two years back, we have published in our ezine and also in
this group about the laws governing the cyber space. Times of India,
Chennai has carried an article on this aspect. I am circulating this for
the benefit of all social media users.
That is why, I have been promoting the idea of introduction of social
media
as curriculum, so that youngsters get the right idea of their rights and
responsibilities. It would also help them to use the social media for the
advantage.
Please read the story. I will be happy, if members share their views too.
Srinivasan
Moderator
http://epaper.timesofindia. com/Repository/ ml.asp?Ref= VE9JQ0gvMjAwOS8w My8wMSNBcjAyNzAz&Mode=HTML&Locale=english- skin-custom
Caught in the web Irresponsible blogging can land you in a soup. CT
investigates *SINDHU VIJAYAKUMAR Times News Network *
You can name your dog after your boss, you can call your friends names
when you fight, but don�t think of taking this to cyberspace. If you
are one
who vents hatred on your scrapbook or publishes comments off the top
of your
head, then know that these reckless actions could land you in trouble.
A recent warning by a Supreme Court Bench, refusing to protect a
19-year-old boy for his rendezvous with a political party on one of the
social networking sites, has sent a clear signal to those who don�t
seem to
care about what they publish on blogs and networking sites.
Many argue that a blog is one�s personal space. M Raja, a
communication
professional is apprehensive, �This means that bloggers have to be doubly
sure of what they put online. Also, there is the danger that some words
could be misinterpreted, causing trouble for bloggers.�
RJ Anjana, an avid blogger says, �What we voice through our blogs
is an
individual�s opinion. However, expression of opinions should be done
responsibly,� she says. S Narayanan, a final year engineering student
says,
�This warning will not affect the spirit of bloggers. If society can
accept
adulations and fan clubs, why can�t they take criticism in the same
spirit,�
he asks. Playback singer Chinmayi says, �Often abusive language is
used when
making comments online. I definitely feel that there must be strict
rules as
far as expression on the Internet is concerned.� She adds that
cyberspace is
a platform where one can easily cross the line. �Hence, I always moderate
comments before publishing them,� she says.
�Whether you are on the net or offline, your freedom is subject to law
of the land,� says K Srinivasan, a social media evangelist. �Laws
governing
print and broadcast are applicable to cyber space. Lack of awareness lands
many people in trouble,� he says.
Dr M Sudhakar, assistant commissioner of police, cyber crime cell
cautions, �If any offensive content is posted on cyberspace and there is a
complaint, it can invoke criminal proceedings.� So, how can one avoid
libel
and defamation issues? �Moderating is the key,� says Srinivasan. �When you
start a community or post comments, do it only after analysing the
content.
After all, in cyber space you are the editor of your content,� he says.
sindhu.vijayakumar @timesgroup.com
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