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Blogger lands Google India in courtroom for defamation
By
siliconindia news bureau
Mumbai: The search firm Google India may trigger some new developments in the cyber law of India. The Mumbai based Gremach Infrastructure Equipments & Projects, which provides construction machineries to medium and large construction companies, has filed a defamation case against Google India for hosting a series of articles on its blogging site, campaigning against its mines in Mozambique. The Bombay High Court has asked the search firm to furnish information about the blogger in an interim order, reported The Economic Times.
Gremach, in its petition, said 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.
Gremach sources said the company suspects corporate rivalry behind the hate campaign and has sought help from the Mumbai police's cyber crime cell. But, the investigations by the local police could not make a break through as Google's India office refused to co-operate with the investigators, he added.
In September 2007, Gremach acquired 75 percent stake in 11 coal mining licenses in the African country.
"Indian courts will have to decide on whether Google have to disclose the blogger's identity", says a corporate lawyer. The U.S. courts usually do not ask the websites to divulge identity of bloggers.
"This is for the first time a blogging platform company is being sued in India," said Anoop Narayanan, a partner in corporate law firm Majmudar & Co. "As we do not have any specific laws on this, the Indian court will have to consider the direct liability of Google into this taking into consideration how important the disclosure is to the plaintiff (Gremach)," he said.
In 2006, Yahoo was accused by human rights activists of providing information to the Chinese police about bloggers who were later jailed for writing 'anti-China' articles.
Gremach, in its petition, said 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.
Gremach sources said the company suspects corporate rivalry behind the hate campaign and has sought help from the Mumbai police's cyber crime cell. But, the investigations by the local police could not make a break through as Google's India office refused to co-operate with the investigators, he added.
In September 2007, Gremach acquired 75 percent stake in 11 coal mining licenses in the African country.
"Indian courts will have to decide on whether Google have to disclose the blogger's identity", says a corporate lawyer. The U.S. courts usually do not ask the websites to divulge identity of bloggers.
"This is for the first time a blogging platform company is being sued in India," said Anoop Narayanan, a partner in corporate law firm Majmudar & Co. "As we do not have any specific laws on this, the Indian court will have to consider the direct liability of Google into this taking into consideration how important the disclosure is to the plaintiff (Gremach)," he said.
In 2006, Yahoo was accused by human rights activists of providing information to the Chinese police about bloggers who were later jailed for writing 'anti-China' articles.
Reader's comments(10)
1
Many guys mistook the news. It is a company filing a law suit against Google.
The law is filed against Google in India. The court of India is a actually
helping Google and Gremach settle the dispute. I am not sure why people are
talking about Indian Roads and Knife Manufacturers and write so loyal to
google...why...? May be because guys got a email with unlimited mail box
size....
The law is filed against Google in India. The court of India is a actually
helping Google and Gremach settle the dispute. I am not sure why people are
talking about Indian Roads and Knife Manufacturers and write so loyal to
google...why...? May be because guys got a email with unlimited mail box
size....
Posted by:
Manjunaath
2
Should govt. of india be punished because the road they built was used by
robbers? There is no doubt that courts in india will fail to understand these..
they are archaic anyway.
robbers? There is no doubt that courts in india will fail to understand these..
they are archaic anyway.
Posted by:
roshan
3
There's some good, in-depth information on the case at Google Knol:
http://knol.google.com/k/david-sarokin/google-ordered-to-reveal-blogger/l9cm7v11
6zcn/7#view
http://knol.google.com/k/david-sarokin/google-ordered-to-reveal-blogger/l9cm7v11
6zcn/7#view
Posted by:
David
4
India is very bad at cyber law and cyber forensics. The net result is what we
are witnessing in this case. For instance:
(a) The Legal Enablement of ICT systems in India is still in a very bad shape
and there is little India has done in this regard. Kindly see
http://reclaiming-india.blogspot.com/ and
http://legalnewsandviews.blogspot.com/ in this regard,
(b) E-governance without cyber security is a remedy worst than the malady. India
is still lagging far behind in areas like cyber security and cyber forensics.
Kindly see http://computerforensicsinindia.blogspot.com/ in this regard.
This is what is going to happen if India does not have the basic capacities for
legal enablement of ICT systems in India.
are witnessing in this case. For instance:
(a) The Legal Enablement of ICT systems in India is still in a very bad shape
and there is little India has done in this regard. Kindly see
http://reclaiming-india.blogspot.com/ and
http://legalnewsandviews.blogspot.com/ in this regard,
(b) E-governance without cyber security is a remedy worst than the malady. India
is still lagging far behind in areas like cyber security and cyber forensics.
Kindly see http://computerforensicsinindia.blogspot.com/ in this regard.
This is what is going to happen if India does not have the basic capacities for
legal enablement of ICT systems in India.
Posted by:
Citizen
5
As a Malaysian Blogger, I say that it is preposterous for the Mumbai company to
sue Google India because of an anonymous blogger's hate campaign against it.
The company would do better by lodging a police report against the said blogger
and have Google India suspend the blogger's account pending investigations into
tracing his or her IP address.
I do not know whether India has a Multimedia Commission or specific government
agency that deals with cyber forensics but if it does, then they should trace
this anonymous hate monger and take action against him or her for libel.
No blogger must be allowed to get away with such anonymous hate crimes. I am all
for responsible blogging and hold to the firm principle that if we blog about
something, we must be ready to be held accountable for what we post or publish.
Period.
This action against Google India is stupid and ought to be dismissed
straightaway!
You don't go suing the kitchen knife manufacturer for the crime of a murderer,
do you?
I support Google India in this matter. Go for the anonymous blogger instead of
the blogging platform provider!
The company must get their act in place. Frivolous suing of Google only betrays
the lack of professionalism on the company's part.
sue Google India because of an anonymous blogger's hate campaign against it.
The company would do better by lodging a police report against the said blogger
and have Google India suspend the blogger's account pending investigations into
tracing his or her IP address.
I do not know whether India has a Multimedia Commission or specific government
agency that deals with cyber forensics but if it does, then they should trace
this anonymous hate monger and take action against him or her for libel.
No blogger must be allowed to get away with such anonymous hate crimes. I am all
for responsible blogging and hold to the firm principle that if we blog about
something, we must be ready to be held accountable for what we post or publish.
Period.
This action against Google India is stupid and ought to be dismissed
straightaway!
You don't go suing the kitchen knife manufacturer for the crime of a murderer,
do you?
I support Google India in this matter. Go for the anonymous blogger instead of
the blogging platform provider!
The company must get their act in place. Frivolous suing of Google only betrays
the lack of professionalism on the company's part.
Posted by:
Zainol Abideen
6
What Grimach Infrastructure is indulging can be called "legal terrorism". Google
should thoroughly defend its position all the way upto Indian Supreme Court. The
US jurisprudence often acts as a guide in many instances of evolving legal
issues in India. Google should use all of the US case law in its defense.
It would set a worthy precedent by the Indian Courts, if they respect the
freedom of speech over corporate and money power. It is hoped Indian Courts turn
down Gremach's threats.
should thoroughly defend its position all the way upto Indian Supreme Court. The
US jurisprudence often acts as a guide in many instances of evolving legal
issues in India. Google should use all of the US case law in its defense.
It would set a worthy precedent by the Indian Courts, if they respect the
freedom of speech over corporate and money power. It is hoped Indian Courts turn
down Gremach's threats.
Posted by:
Kris
7
It seems the Indian courts are struggling hard to come in terms with the IT
without realizing its functioning and nature. The courts need a good training in
this regard as even the higher courts like High Courts and Supreme Court of
India are ignorant of the basics of IT. Gagging Google, Yahoo or MSN would not
provide any sort of control over them as Internet by very nature is
uncontrollable. The courts would only make their own mockery as would happen in
the present case. Further, disclosing the identities of their users by Google,
Yahoo or MSN would only bring bad name to search engine giants/ IT companies and
distrust among the netizens. These online entities owe their responsibilities
towards civil rights like freedom of speech and expression (of course legal and
reasonable), privacy, etc. Their business prospects may force them to
compromise with civil rights but they must stand to their commitments to end
users despite business exigencies and governmental pressures.
Take the present case. Let us assume that Google discloses the identity of the
accused user although it should not. It is almost certain that till the time
the identity is disclosed the user will shift with a different name at some
different place. Do you think the user would have provided the real details?
That is a stupid thing to believe. Google will get nothing out of the
disclosure exercise as the trust and faith in it would decline and there
would be no identification of the john doe. And what are the Indian courts
trying to portray to the whole world? They are just showing their ignorance of
IT and its applicability. Stressing too hard or coming with an iron hand would
bring no results in the Internet sphere but only bad name and reputation to the
search giants and Indian judiciary.
without realizing its functioning and nature. The courts need a good training in
this regard as even the higher courts like High Courts and Supreme Court of
India are ignorant of the basics of IT. Gagging Google, Yahoo or MSN would not
provide any sort of control over them as Internet by very nature is
uncontrollable. The courts would only make their own mockery as would happen in
the present case. Further, disclosing the identities of their users by Google,
Yahoo or MSN would only bring bad name to search engine giants/ IT companies and
distrust among the netizens. These online entities owe their responsibilities
towards civil rights like freedom of speech and expression (of course legal and
reasonable), privacy, etc. Their business prospects may force them to
compromise with civil rights but they must stand to their commitments to end
users despite business exigencies and governmental pressures.
Take the present case. Let us assume that Google discloses the identity of the
accused user although it should not. It is almost certain that till the time
the identity is disclosed the user will shift with a different name at some
different place. Do you think the user would have provided the real details?
That is a stupid thing to believe. Google will get nothing out of the
disclosure exercise as the trust and faith in it would decline and there
would be no identification of the john doe. And what are the Indian courts
trying to portray to the whole world? They are just showing their ignorance of
IT and its applicability. Stressing too hard or coming with an iron hand would
bring no results in the Internet sphere but only bad name and reputation to the
search giants and Indian judiciary.
Posted by:
Anonymous
8
The company should refute the allegations and if it is able to defend and
justify itself then the blogger's identity shouldl be demanded and legal action
taken for defamation. Asking for the identity of the blogger before clearing
itself may expose the blogger to 'harm' in forms that can be legal or illegal.
Disclosure of identity at this stage may result in possible 'illegal' acts to
go unreported and without any remedial action.
Most bloggers may not be in a position to defend themselves from legal/other
action whereas the corporate giants have literally unlimited resources to
harras. 'Davids' should be protected from 'Goliaths'
Gursharan Singh C.M.I.I.A.
[Trainer-Knowledge Sharer-Audit Officer]
Kuala Lumpur, Malaysia
gursharan38@gmail.com
15.8.08
Gursharan Singh
justify itself then the blogger's identity shouldl be demanded and legal action
taken for defamation. Asking for the identity of the blogger before clearing
itself may expose the blogger to 'harm' in forms that can be legal or illegal.
Disclosure of identity at this stage may result in possible 'illegal' acts to
go unreported and without any remedial action.
Most bloggers may not be in a position to defend themselves from legal/other
action whereas the corporate giants have literally unlimited resources to
harras. 'Davids' should be protected from 'Goliaths'
Gursharan Singh C.M.I.I.A.
[Trainer-Knowledge Sharer-Audit Officer]
Kuala Lumpur, Malaysia
gursharan38@gmail.com
15.8.08
Gursharan Singh
Posted by:
Gursharan Singh C.M.I.I.A.
9
I think it's in a way good. Just because you are anonymous, you can't bash
anyone. It will be beneficial for the whole society if everyone starts taking
accountability of what they say on the internet. Otherwise, in the coming time,
internet will just become a rant and frustration releasing medium. If someone
has stomach to write, he or she should also have guts to face the consequences.
anyone. It will be beneficial for the whole society if everyone starts taking
accountability of what they say on the internet. Otherwise, in the coming time,
internet will just become a rant and frustration releasing medium. If someone
has stomach to write, he or she should also have guts to face the consequences.
Posted by:
Anonymous
10
Till now blogs was the only place to express your thoughts. Now if the govt is
putting law also for that then bloggers will be very cautious and infact many
will give blogging a back seat. Already 35 people in the world is already
arrested till now bcoz of blogging.
putting law also for that then bloggers will be very cautious and infact many
will give blogging a back seat. Already 35 people in the world is already
arrested till now bcoz of blogging.
Posted by:
Suhail
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