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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....
Posted by: Manjunaath - 12:00 AM Aug 15, ' 08
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.
Posted by: roshan - 12:00 AM Aug 15, ' 08
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/l9cm7v116zcn/7#vie w
http://knol.google.com/k/david-sarokin/google -ordered-to-reveal-blogger/l9cm7v116zcn/7#vie w
Posted by: David - 12:00 AM Aug 15, ' 08
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.
(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 - 12:00 AM Aug 15, ' 08
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.
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 - 12:00 AM Aug 15, ' 08
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.
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 - 12:00 AM Aug 15, ' 08
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.
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 - 12:00 AM Aug 14, ' 08
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
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. - 12:00 AM Aug 14, ' 08
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.
Posted by: Anonymous - 12:00 AM Aug 14, ' 08
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.
Posted by: Suhail - 12:00 AM Aug 14, ' 08
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