On Tue, Sep 18, 2012 at 5:24 PM, Suresh Ramasubramanian <[email protected]> wrote: > You don't need a court order or order from any competent authority which > includes the police etc > > As far as I can see there's an obligation to take the content down no matter > who notifies you about it, if it contravenes any of the provisions of sub > rule 2 n the IT intermediaries guidelines 2011 > > _________ > > "Information Technology (Intermediaries Guidelines) Rules, 2011" > http://deity.gov.in/sites/upload_files/dit/files/RNUS_CyberLaw_15411.pdf > > 4. The intermediary, on whose computer system the information is stored or > hosted or published, upon obtaining knowledge by itself or been brought to > actual knowledge by an affected person in writing or through email signed > with electronic signature about any such information as mentioned in sub-rule > (2) above, shall act within thirty six hours and where applicable, work with > user or owner of such information to disable such information that is in > contravention of sub rule (2). Further the intermediary shall preserve such > information and associated records for at least ninety days for investigation > purposes. > > Sub Rule 2 prohibits intermediaries from hosting, displaying, uploading, > modifying, publishing, transmitting, updating or sharing any information that > > a. Belongs to another person and to which the user does not have any right to > > b. Is grossly harmful, harassing, blasphemous, defamatory, obscene, > pornographic, pedophilic, libellous, invasive of another's privacy, hateful, > or racially, ethnically objectionable, disparagng, relating or encourating > money laundering or gambling, or otherwise unlawful in any manner whatsoever > > c. Harm minors in any way > > d. Infringers any patent, trademark, copyright or other proprietory rights > > e. Violates any law for the time being in force > > f. Deceives or misleads the addressee about the origin of such messages or > communicates any information which is grossly offensive or menacing in nature > > g. Impersonate another person > > h. Contains software viruses or any other computer code, files or programs > designed to interrupt, destroy or limit the functionality of any computer > resource > > i. Threatens the unity, integrity, defence, security or sovereignty of India, > friendly relations with foreign states, or or public order or causes > incitement to the commission of any cognisable offense or prevents > investigation of any offense or is insulting any other nation
It seems to me that it is items (b) and (i) which can be most easily misused to gag people. Since those would involve making a judgement call, could a service provider punt it to the courts saying that it is not competent to make such judgements? -- b
