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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.

3 of 131 comments (clear)

  1. Freedom and Shackles are not compatible by commodore64_love · · Score: 4, Insightful

    >>>The Indian Supreme Court has ruled that bloggers cannot shelter under an escape clause to exercise freedom of speech

    If the politicians/leaders have shackles on your mouth, you are no longer free. They own your mouth and control what can be said. You are a slave.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  2. Re:Oh Boy by slashdotlurker · · Score: 4, Insightful

    I do not think you can. I have spent some time in India in the past. Judges there are not elected. Instead, they are like bureaucratic career professionals, selected through some examinations, and appointed by elected officials. A bit like our (and their) civil service.

    That system has its pluses and minuses. The minus is pretty obvious in this case. The plus is that their judiciary, though as corrupt as the rest of the country, is under no political pressure. I would check this with some of our Indian friends here, but I think its pretty hard to fire a judge there.

  3. Re:Is this so different than the U.S? by Danger+Will+42 · · Score: 4, Insightful

    I agree. This is what I garnered as well. Freedom to speak doesn't equal freedom to slander.