On 23 February 2009, the Indian 19-year-old blogger Ajith D was ordered by the Indian Supreme court to face criminal action on the basis of the content published by anonymous member’s on his Orkut group. Strange but Truth……Via Times of India
Ajith D had started a community on Orkut against Shiv Sena. In this community, there were several posts and discussions by anonymous persons who alleged that Shiv Sena was trying to divide the country on region and caste basis.
Reacting to these posts, the Shiv Sena youth wing’s state secretary registered a criminal complaint at Thane police station in August 2008 based on which FIR was registered against Ajith under Sections 506 and 295A pertaining to hurting public sentiment.
After getting anticipatory bail from Kerala HC, Ajith moved the Supreme Court through counsel Jogy Scaria seeking quashing of the criminal complaint on the ground that the blog contents were restricted to communication within the community and did not have defamation value. He also pleaded that there was threat to his life if he appeared in a Maharashtra court.
A computer science student, Ajith pleaded that the comments made on the blog were mere exercise of their fundamental right to freedom of expression and speech and could not be treated as an offence by police.
Unimpressed, the Bench said, “We cannot quash criminal proceedings. You are a computer student and you know how many people access internet portals. Hence, if someone files a criminal action on the basis of the content, then you will have to face the case. You have to go before the court and explain your conduct.
Once this case will go for trial it could forever change the life of bloggers in India. India is a country of billions people with billions of ideas. Every day thousands of blogs, e-groups and forums starts, where people from all around the world share their views and thoughts and exchange their ideas with each other. Million’s of contents publish on Indian blogs and on forums every day written by some leading personality and some by anonymous writers. Most of the articles are worthy enough to read and share our views with others. Not many Politicians in India like though…!!
Of course I agreed I am liable for the articles and comments published by me but putting me liable for some else views and that also views of anonymous user on my website really didn’t make any justice to me. Lad who cares…!!
If the contents published by blog owners then it is logical to sue blogger for plagiarism or defamation and that also if article and comments published solely by blog owner that attempt to invade the integrity of an individual or an institution, but suing blogger for comments that is also published by anonymous user is totally wrong. Comments on blogs are the views of public who has visited the blog and read the article published by blog owner. No idea how I can held responsible for someone else views…!!
If we start trying to suing blogger for anonymous comments published on his/her blog then that day is not very far when our courts will be having millions of cases against bloggers. So what…lawyers are here to make money and politicians are here to make you fool…its simple Lad..!!
What really worried me here in this case is that court has given green signal for proceeding criminal case against blogger. I had heard the case of defamation in past but this is first time I am hearing criminal case against blogger and that also for the comments published on his Orkut group by anonymous users. Weird!!
India is a land of Free thinker’s and I know many Indian bloggers are blogging their way to free-thinking but its seems like this land of free thinker will be dead soon if criminal proceedings and ruling goes against this little blogger. Yes that what politicians want….!!
I am not going to talk about what Shiv Sena political party meant to me, as this is not matter of concern at the moment, what really matter at the moment is that court has indeed given a green signal for criminal proceeding against Indian blogger. That’s your business Lad not mine…!!
I am not sure what Indian law says about bloggers responsibility and duty as I am not a law expert but for sure I am going to have a look into this matter in day or two. Like in US Blogger not liable for libelous comments as US Federal law protects bloggers from libel lawsuits based on comments posted anonymously to their blogs but it seems like in India case is different. India is different from USA indeed…!!
I am not able to gather how it is possible that a Bloggers can be hit with libel and criminal suits on the basis of anonymous postings on their Web sites. My Head is really spinning now!
Bloggers in India are doing commendable work, and indeed changed the way of thinking of many people here in India. But guess this case ruling might change the whole lot on Indian blogosphere. Scary!!!
Its 4 AM here in India but I can’t sleep as this news really made me to think and think about my
Free speech Right
Right to political speech
My right to stay
And also on many other things related to Blogs and Blogging. Today’s news has really fired me and pushed me to think what will happen to my FREE WAY OF THINKING!! Phew…..
