Govt. Of India To Regulate Blogs

[viking]

Bloggers call content regulation a gag on freedom

BANGALORE: A proposed government move to regulate content on blogs has ignited a firestorm of protest from the blogging community which is accusing the government of restricting free speech and acting like the guardians of a police state.

At the heart of the issue is the Indian IT Act which was amended in 2008 to incorporate the much-needed changes to clarify the legal position of intermediaries or those who provide web-hosting services, internet service providers and online auction sites.

However, the term intermediaries, for some reason, was also broadened to include blogs, though they neither provide the same kind of services like the ISPs nor have large-scale commercial interests. The law stated that the government should clarify the rules under which the intermediaries should function and the list of prohibitions applicable to them.

The list was published sometime last month and comments were invited from members of the public, bloggers and other members of the intermediaries group. ‘Intermediaries’ include web hosting providers which would include companies like Amazon , cyber-cafes, payment sites like Paypal , online auction sites, internet service providers like BSNL , Airtel etc.

Blogs also fall in this category as networked service providers. The due diligence specifies that the intermediaries should not display, upload, modify or publish any information that is ‘harmful’, ‘threatening’, ‘abusive’, ‘harassing’, ‘blasphemous’, ‘objectionable’, ‘defamatory’, ‘vulgar’, ‘obscene’, ‘pornographic’, ‘paedophilic’, ‘libellous’, ‘invasive of another’s privacy’, ‘hateful’, ‘disparaging’, ‘racially , ethnically or otherwise objectionable, ‘relating to money laundering or gambling’.

“It’s a fundamentally flawed exercise. One has to keep in mind the nuanced role of bloggers. The government needs to understand the power of the blogging community,” said Pavan Duggal , senior advocate, Supreme Court and cyber law expert. “The blogosphere has to align themselves to the changes in the norm,” he said. “But since the term ‘intermediaries’ is vaguely and loosely used, the bloggers are right when they express agitation,” he added.

A senior government official defended the government’s response. “We are in the process of finalising it. We welcome positive feedback and constructive criticism. We might have made a mistake in understanding the public aspect. The public could have a different view point,” said a senior government official.

Bloggers fear that the government will use these omnibus terms to charge the writers with almost anything. On Twitter , online users expressed their anger and frustration in equal measure.

“We cannot let the government to play the judge, jury and the executioner in this. Our entire audience is Indian. If our site is blocked, we are gone. I am a small player, everything we have built goes away in one shot,” said Nikhil Pahwa, founder and editor of Medianama, a digital business news site.

The penalty under this law are of two kinds. Under the civil penalty, the intermediary could be sued for damage by compensation up to Rs 5 crore per contravention. The criminal penalty is imprisonment for three years to life imprisonment for the top management of the intermediary if it is a company. There are no exceptions to the due diligence.

http://economictimes.indiatimes.com/...ow/7659593.cms

[swami]

Congress is fearing Egypt like situation against them

[raniraja]

Signs of mini-emergency.. can't muzzle freedom of expression directly, so going after the smaller fry.

The cybercafes were already under the purview of this Act ever since it was enacted in October 2000.

[kkkk]

and like Thomas' criminal past, we can be sure MMS knows nothing about this either.

[raniraja]

Originally Posted by kkkk

and like Thomas' criminal past, we can be sure MMS knows nothing about this either.

Gandhi hai..


sorry.. he is 3-in-1 gandhiji ke bandar

[viking]

So we won't need any moderators from now

'Kangress' will have to spelt as Congress.

[Desi Baawra]

Originally Posted by raniraja

Gandhi hai..


sorry.. he is 3-in-1 gandhiji ke bandar

3in1 nahi, 4in1,,, chautha haath kya bacha rha hai sabko pata hai... ha ha ha

[dollyg]

Geez , why won't they do something that is a value add!

Regulate blogs it seems!

[jeetiaf]

The due diligence specifies that the intermediaries should not display, upload, modify or publish any information that is ‘harmful’, ‘threatening’, ‘abusive’, ‘harassing’, ‘blasphemous’, ‘objectionable’, ‘defamatory’, ‘vulgar’, ‘obscene’, ‘pornographic’, ‘paedophilic’, ‘libellous’, ‘invasive of another’s privacy’, ‘hateful’, ‘disparaging’, ‘racially , ethnically or otherwise objectionable, ‘relating to money laundering or gambling’.

these are few conditions it seems, be fair, let them come out with the legislation, it will be debated in the parliament before getting passed by the parliament.

and if it against the fundamental right, right of freedom to express, which is part of right to freedom, it will be quashed by Supreme Court.

i dont think anything to be worried about as of now

jeetIAF

[Metafours]

The "King-Cong-I" atleast realises
"The PEN-IS mightier than the sword"

which they must now change to
"The KeyBoard is mighter than the bullet"

[raniraja]

Quick.. let's all apply for the post of "blog regulator" or whatever post they will define for this function.. make a tonne of money that way

[krantikari]

Will this mean content in echarcha will be under screwtiny ? LM will be going first. Whosoever posted anything on LM and living in India will be imprisoned for life.





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