In a move fraught with international ramifications, a Delhi trial court on Friday ordered summons to Larry Page, CEO of Google, Steve Balmer, CEO of Microsoft, and heads of a host of other international IT giants.
In a move fraught with international ramifications, a Delhi trial court on Friday ordered summons to Larry Page, CEO of Google, Steve Balmer, CEO of Microsoft, and heads of a host of other international IT giants such as Yahoo in an ongoing criminal case. This came after the union government gave the sanction to prosecute these companies for posting “objectionable” content and violation of the information Technology Act.
Ironically, the sanction comes at a time when the government and the industry have been talking about a “fear psychosis” that is preventing investments. Besides, the case has also raised issues about the freedom of speech on one hand and reasonable restrictions on the other.
“Let the process (to serve the summons) on (foreign-based) accused be sent through the MEA (ministry of external affairs) as per the process,” metropolitan magistrate Sudesh Kumar said, asking them to appear in person on March 13.
“The accused are allowed exemption for today only but are directed to appear in person on the next date of hearing without fail,” the magistrate said.
“There is sufficient material against the accused persons under various sections of the IPC since the documents and contents therein are enough to instigate enmity between different groups on the ground of religion, race, place of birth, residence, language and doing acts prejudicial to the maintenance of harmony and the contents are provocative, assertive and propagates prejudicial to national integration,” the government sanction submitted to the court reads.
On Thursday, the Delhi high court had warned that like China, India can shut down these 21 websites for not imposing a ban on the objectionable content posted on them.
The court was hearing a private complaint filed by a journalist Vinay Rai against these firms for allegedly webcasting objectionable contents.
Charges against these websites include promoting enmity between groups and deliberate malicious acts intended to outrage.
During the hearing, senior counsel Siddharth Luthra, representing Facebook India, sought adjournment for the day, saying the matter was pending before the Delhi high court and the case file was also in the high court. The matter is listed in the high court for January 16.
He said that one of the accused, who is chairman of the Facebook, is based in the US, and the court would have to direct the MEA for serving summons on him.
The counsel for Google India Pvt Ltd also asked the court to adjourn the matter. He said that summons issued to accused companies Orkut, Youtube and Blogspot have been mistakenly served at their premises in India.
The court had on December 23 issued summons to them against which some of the accused companies had moved the high court. The summons to the foreign firms had not been served.
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