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India On Media |
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| Technology
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| Can block websites like China, Delh |
| Can block websites like China, Delhi High Court warns Facebook, Google
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| INDIA
, 13-January-2012
0:13:40 AM |
| New Delhi: The Delhi High Court on Thursday warned social networking site Facebook India and search engine Google India that websites can be "blocked" like in China if they fail to devise a mechanism to check and remove objectionable material from their web pages.
"Like China, we will block all such websites," Justice Suresh Kait said while asking counsel for Facebook and Google India to develop a mechanism to keep a check on and remove "offensive and objectionable" material from their web pages.
The two companies had moved the High Court seeking a stay on summons issued to them by a Delhi trial court that is hearing a private criminal complaint against them. Justice Kait did not stay the proceedings against the two websites before the magistrate's court. The case comes up for hearing at the lower court today.
Former Additional Solicitor General Mukul Rohatgi, appearing for Google India, said the postings of "obscene, objectionable and defamatory" articles and other things cannot be "filtered" or "monitored".
"No human interference is possible, and moreover, it can't be feasible to check such incidents. Billions of people across the globe, post their articles on the website. Yes, they may be defamatory, obscene but cannot be checked," Mr Rohatgi said.
He tried to distinguish between Google India and its US-based holding company Google Inc. "The US-based Google Inc is the service provider and not me (Google India) and hence, we are not liable for the action of my holding company. Moreover, it is a criminal case where a vicarious liability can be fastened on a company which has no role, whatsoever, in the alleged offence," the lawyer argued.
Citing provisions of the Information Technology Act, the counsel for Google India said these websites are protected by the law in respect of such "objectionable" material so far as they are not the authors. The websites,
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