Cyberlaw is Being Tested in Indian Courts

A business based in India is suing Google India (which was used as a blogging platform by a blogger) for hosting material that the plaintiff found to be defamatory and stated in its petition that a series of articles that amounted to a ‘hate campaign’ against the company were posted on Google’s blogging site with a title ‘Toxic Writer’ between January and February.

Cyberlaw is a new area of law that is still in its infancy all over the world and India is no exception. A case of this nature is for the first time being litigated and the court’s decision will set a precedent for similar cases to follow. The courts have to weigh this carefully before forming a judgement.

In the U.S. bloggers have the same constitutional protections as mainstream media and the First Amendment rights of free speech are zelously protected. According to EFF, First Amendment protections for publications are strong and can help you defend against unwarranted legal threats. If one receives a notice of a subpoena and they wish to retain their anonymity, they can file a motion to quash (drop) the subpoena. Many courts have required the subpoenaing party to show a compelling need for the information that outweighs the speakers’ constitutional rights to free speech and privacy.

Investigations by the Mumbai police’s cyber crime cell police could not make a break through as Google’s India office refused to co-operate.

Oh India!

“Riding the Elephant” a blog by John Elliot who is Fortune magazine’s India correspondent is an interesting blog with intimate details on India’s businessmen, industries, politicians, public system etc.  and the style is personal and engaging. But, like most westerners who are intrigued, fascinated, frustrated and puzzled by India, John Elliot does not seem to grasp the essence of India, it’s culture and it’s enigmatic people who think so differently from the people raised in a  western culture.

John’s commentries seem to be tinged with the western “Raj mentality” (even the english letters in the title of his blog “Riding an Elephant” (it is so outdated and colonial) are written in devanagari style) and he seems unable to grasp India, her ways and her people.

I find this with most western writers who just cannot resist the temptation to flirt with India but when they interact with her are soooo disappointed! All these writers seem so “the same”, run of the mill, repetitive and you know exactly what to expect. For someone who grew up in India all this stuff is mundane.

Here is my two bit, if you are in India, be an Indian, just let go and soak India with every pore of your body (mentally and physically), don’t question or wonder why this is happening or not happening or how can this be happening, just expect the unexpected and take things as they come (anything can) and lastly JUST BE…