a suggested new law or provision in Information technology act 2008
Our blogger friend A, gave the following comment on my post
http://realityviews.blogspot.com/2011/03/google-will-be-responsible-directly-for.html
SM,
firstly it is a proposal right now anyway. I think this is a complex problem. Being blogger does not mean we can post anything. Just like news papers have to make sure they have enough evidence or facts to support their claims, for a strong allegations bloggers should have the same.
But we do not have much to worry...because typically we state facts.
Freedom of speech should be abused.
Currently this is not the part of law but it may become part of law.
This is the proposal or say plan of government.
This notification not only deals with the true facts,
It controls our thinking, power of writing, expressing indirectly.
Who is Intermediary?
Blogger, Word press and Google, Every ISP, Telecom service provider all are intermediary.
Under the Act, an 'intermediary' is defined as any entity which on behalf of another receives stores or transmits any electronic record.
Hence, telecom networks, web-hosting and internet service providers, search engines, online payment and auction sites as well as cyber cafes are identified as intermediaries.
I am using the name of Google only for the purpose of example.
To make it simple to understand.
Understand current law.
A blogger writes an article on a foreign policy which involves Pakistan, America.
Blogger is using BlogSpot platform, the article is hosted in USA.
Government does not agree with the content of article.
Now government files a case against blogger, tells Google to provide information and tells Google to shutdown the blog.
Now what happens as Google is not responsible for this, Google demands a court order from Government.
After Introduction of this Due Diligence clause, what will happen?
Google will become accused person for the article written by a blogger.
In this case government will give notice the Google and Google has not obeyed the notice.
It does not obey it will be charged, have to face consequences.
Now Google will immediately shutdown that blog.
Why Google will fight and spend money for freedom of speech case which blogger has to fight.
Thus Government will get the one tool which will make Google or any ISP obey the notice of government.
Even if server is UK or USA it will not matter.
They have to obey the notice or become the co accused with the blogger.
Who will become co-accused willingly without doing anything?
Government will not need the court order to get the information from
Google or any ISP that is intermediary.
Government will send the notice to ISP or Google and they will shut down the blog.
Section 4 Read again –
The intermediary upon obtaining actual knowledge by itself or been brought
To actual knowledge by an authority mandated under the law for the time being
In force in writing or through email signed with electronic signature about any
Such information as mentioned in sub-rule (2) above, shall act expeditiously to
Work with user or owner of such information to remove access to such
Information that is claimed to be infringing or to be the subject of infringing
Activity.
Further the intermediary shall inform the police about such information
And preserve the records for 90 days.
S.6 –
The intermediary shall follow provisions of the Act or any other laws for the
time being in force.
Thus it’s important to understand what the notification means.
It means we will lose our freedom to write and express freely.
It will give power to government to censor our blog or remove any content which government does not like.
In this case once this notification becomes part of law, government will not need a court order to order the Google to shutdown particular blog.
This is the important point.
Reality views by sm –
Thursday, March 10, 2011
PS – For explanation, example purpose I have used the name of Google.
Keywords – Government censorship, Information Technology act 2008, due diligence clause, Freedom of expression, Censorship by government in India
Suggested Reading –
Google will be responsible directly for blog articles, content of BlogSpot blog authors.
http://realityviews.blogspot.com/2011/03/google-will-be-responsible-directly-for.html
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