Slashdot Mirror
Supreme Court of India Comes Down On Bloggers
An anonymous reader writes "The Indian Supreme Court has ruled that bloggers cannot shelter under an escape clause such as 'Any views expressed are solely those of the writers' to exercise freedom of speech in discussions and statements online. The ruling comes in response to an anti-defamation case filed against a 19 year old student's Orkut community, commenting upon the right-wing political organization Shiv Sena. This organization is based in the western state of Maharashtra and has been responsible for inflammatory speeches and numerous attacks upon non-Maharashtrians." The article does not make it entirely clear whether the student owner is himself accused of defamatory speech, or only commenters posting on his site. His defense that an Orkut community is not equivalent to a public forum was denied.
Yeah but most libel suits in the U.S. get thrown-out because they have no merit. This sounds like that type of case.
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
I think the significance of the ruling is that it stated that forums of this type were public and so subject to libel proceedings, as opposed to private and thus immune as Ajith claimed. The article was not clearly written, but that is what I got out of it.
Also, the judge who delivered this judgment was no less than the Chief Justice himself. Thing is, he hasn't said that what the blogger said was wrong. He says that the blogger is responsible for what he writes.
I'm disturbed by this. I believe the Internet should be a place where anyone can say anything. This will only increase anonymous blogging. On the other hand, I would be very hesitant to trash the judiciary as it's one of the few pillars of Indian society that is keeping corrupt politicians from doing whatever the hell they want.