Bloggers can be nailed for views.

NEW DELHI: A 19-year-old blogger's case could forever change the ground 
rules of blogging. Bloggers may no longer express their uninhibited views
on everything under the sun, for the Supreme Court said they may face 
libel and even prosecution for the blog content.

It will no longer be safe to start a blog and invite others to register 
their raunchy, caustic and even abusive comments on an issue while 
seeking protection behind the disclaimer --- views expressed on the blog 
are that of the writers.

This chilling warning emerged as a Bench comprising Chief Justice K G 
Balakrishnan and Justice P Sathasivam refused to protect a 19-year-old 
Kerala boy, who had started a community on Orkut against Shiv Sena, from 
protection against summons received from a Maharashtra court on a 
criminal case filed against him.

Petitioner Ajith D had started a community on Orkut against Shiv Sena. 
In this community, there were several posts and discussions by anonymous 
persons who alleged that Shiv Sena was trying to divide the country on 
region and caste basis.

Reacting to these posts, the Shiv Sena youth wing's state secretary 
registered a criminal complaint at Thane police station in August 2008 
based on which FIR was registered against Ajith under Sections 506 and 
295A pertaining to hurting public sentiment.

After getting anticipatory bail from Kerala HC, Ajith moved the Supreme 
Court through counsel Jogy Scaria seeking quashing of the criminal 
complaint on the ground that the blog contents were restricted to 
communication within the community and did not have defamation value. He 
also pleaded that there was threat to his life if he appeared in a 
Maharashtra court.

A computer science student, Ajith pleaded that the comments made on the 
blog were mere exercise of their fundamental right to freedom of 
expression and speech and could not be treated as an offence by police.

more...
http://timesofindia.indiatimes.com/India/Bloggers-can-be-nailed-for-views/articleshow/4178823.cms
 

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