Bombay HC has restrained Google from publishing allegedly slanderous content on three blogs — mediamalice, mediamamu and indiamediareview.
Blog blips need not be tolerated. In Mumbai’s first legal attempt to regulate slanderous speech on internet blogs, the Bombay High Court recently restrained Google from publishing allegedly slanderous content on three blogs — mediamalice, mediamamu and indiamediareview.
Responding to a defamation suit filed by a city journalist, the HC on January 15 in an ad-interim order also directed Google, which provides the free blog service, to disclose names, addresses and any other information regarding the people who man these blogs.
Offended by the “grossly scandalous and defamatory” articles published on the three blogs, the senior journalist has filed a suit claiming damages worth Rs10 lakh. Since the identity of the people providing the content on the blogs is not known, only Google has been named as a defendant in the case.
“Once we know the identity of the offenders, they too will be made party to the case,” plaintiff’s lawyer YR Shah told DNA.
The offensive articles were published on the blogs between September 2006 and November 2006 under the heading ‘Mumbai Press Club: A Pick-up Joint’, ‘Leader Cons Member’, ‘Mumbai Press Club rots and reeks’. The articles directly attacked the journalist and others, attributing several nefarious activities to them.
The suit states that it is the duty of Google to regulate the content of the blogs. But lawyers feel that the fixing liability on an internet service provider especially when content is pasted by a third party is still a grey area.
Google’s terms of service for bloggers are clear that it does not endorse, verify, monitor or take responsibility of the content on blogger.com or blogspot.com. But it does urge users to abide by its content policy, which says users should not publish unlawful, defamatory and fraudulent content.
“The responsibility of an internet service provider remains undefined,” says Shridhar Gorthi, partner in Trilegal, a law firm. “Does the liability end with screening content, installing community watch by appointing moderators or simply by listing rules and regulations?” he asks.
In December 2004, the Delhi police had arrested bazee.com CEO Avnish Bajaj after a Delhi school kid sold eight CDs containing MMS clips of a sexual act with his girlfriend on the internet portal.
The case is still spending in the Delhi Sessions court.
Lawyers also point out that tracking faceless offenders in cyberspace may be a difficult task.
There is a good possibility of mischief mongers listing false e-mail addresses and fraudulent details to avoid tracking, says lawyer Gautam Patel. “In such cases, the service provider can only provide the IP (internet protocol) address,” he says.
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