"Freedom of Speech is the hallmark of Indian democracy"
By Ruchi Shrimali
The fight over objectionable content on 21 social networking sites rages on. Google India and Facebook India had last told the Delhi High Court that it was logistically impossible for them to control content with billions of people teeming their websites every day. The Delhi HC had told them to find a solution and remove all objectionable content by February 6 or they will be banned in India. Read about the court hearing on objectionable content on social networking sites in detail.
Google India argued that the issue was related to the freedom of speech, guaranteed as a right and a hallmark of Indian democracy. It is this very freedom that separated Indian from China. It also argued that Google India is a separate entity from Google Inc., which is a US-based search engine. Google India is only concerned with the marketing of the search engine.
However, the complainant Vinay Rai that irrespective of what they say, the papers of Google India say that advertisement business is only a small part of Google India's activities. It is also concerned with production and development of internet programming and software programming.
The 21 social networking sites are facing content trial under IPC sections 292 (sale of obscene books and material) and 293 (sale of obscene objects to young person).
Facebook India and Google India also challenged the summoning order of the magistrate. Facebook India said that the magistrate had shown ‘undue haste' in the matter and issued summons without a proper police report. The court reacted strongly to the argument and warned the website not to comment on ‘a judge's mind'. Here's more on the development.
While the Google India and Facebook India are invoking Article 19 (1A) of the Indian constitutions that provides freedom of speech, they are also seeking immunity under Section 79 of the IT Act. They are stating that it is their parent companies abroad that host or take down data and hence, only they can remove content.
In 2011, a new set of IT rules were made that asked the companies to remove any content to which the government objects within 36 hours of receiving a written complaint.
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