Alternatively, why shouldn’t access to Blogspot be banned in India?
Don’t get me wrong: I’m all for freedom of speech, but when a blog platform is used for publishing libelous content, someone needs to be held accountable; those being defamed need to have recourse to law that prevents such libel. Google India, in a case involving libel against a cardiologist and a journalist on a Blogspot blog, has claimed that they have “no connection with or responsibility towards Google Inc, USA”, they work as independent units and “Google India does not have control, operate or provide any local or other support for Google Inc’s services rendered on www.google.com.” Details of the case at DNA.
This is a surprising defense put forward by Google India, and in my opinion, an outcome that is fair to the plaintiffs is that, unless Google Inc reveals the identity of those publishing libelous content, Blogspot not be allowed to be delivered to India. It may sound like I’m suggesting throwing the baby out with the bathwater, but think of the situation as someone being defamed: what do you do? Who should the plaintiffs file complaints against, and if Google Inc isn’t represented in India, then who in India is liable for Blogspot content here? Does this mean that anyone can go and start libeling and breaking Indian law on Blogspot, or any other International platform, and if the company isn’t registered in India, then no one can do anything about it? The argument that you can flag content for being defamatory doesn’t stand, because just removing the content doesn’t provide remedy for the damage already done.
The larger question is: which laws govern content on the Internet? Laws of the country where it is being published from, or the country where it is consumed? Or both? The court may have granted Google India interim relief, but this doesn’t provide the plaintiffs justice. What about a site like WikiLeaks, which used to publish sensitive documents, making the identity of those submitting the document anonymous?
Update: there appears to be a perception that I’m against free speech. That is hardly the case. I’m just putting myself in the shoes of someone whose rights have been abused. You can’t turn around and say ’sorry, we can’t do anything because even through it is distributed and monetized in India, it is out of our jurisdiction.’ I disagree with the choice of argument that Google India has made, and I welcome the debate, both in the comments here and on twitter. But I am not against free speech.
(Edits: replaced the word ’slander’ with ‘libel’. Thanks for correcting @madmanweb)
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9 Comments until now.
Well, look at the flip side. By the same logic I could get anyone banned in India that way by creating a blog on blogger (or name your platform hosted outside India) and posting comments that are defamatory about myself. The plaintiff getting no recourse is evil in itself, but the other option will open up the doors to a much greater evil. As with any law, there is not a single one that gets it right 100%.
It is pretty cheeky legal parsing to pass the buck on to Google USA for the content on Blogspot, but that is what lawyers are paid for. In their defence, there is no Blogspot India and their ToS does state the jurisdiction which it falls under is at Santa Clara County, California.
So, should you ban such entities? That would keep you pretty much in line with the alarmist crowd in enforcement/bureaucracy/government who were pushing for rules to be amended so that as a company registered in India you can't operate a website here unless you are hosted here. That would make even Medianama illegal in India, because you are hosted in the US, at The Planet .
Sometimes you should really be careful about what you wish for you, it may just happen, you know :-)
I'm saying that Google's brought this upon themselves by Google India passing the buck to Google US. From an aggrieved party's perspective, what recourse do they have? Just sit and take it because the company is not accountable under Indian law? It's not as if Google US doesn't deal with potentially iffy political situations in India pro-actively:
What they are saying does have merit, be it that what is being said is quite infuriating.
Blogger is owned and operated by Google Inc. USA and falls under the CA jurisdiction. Google India is accountable under Indian law, but Google Inc, USA is not. It is frustrating that you'll need to sue them in CA to get any kind of recourse, but that is the law for now and I guess it is a while before it catches up proper with the digital domain.
Political situation is a different matter altogether, which this is not.
So, if there is no one to take ownership of Blogspot in India and there is a strong case against them, then why not block blogspot access from India entirely. Immediately after the court passes such a order, we will see Google India starting to take ownership. All a person is asking for is reveal identity of such bloggers who use blogspot platform and write anything..
Blogger is owned by Google Inc which in some manner has a presence in India via Google India. That is the sole reason one could drag them into this. What about WordPress then? What if I post something defamatory there. In fact by holding Google India accountable we will end ensuring that most of the web companies have a huge incentive for not having any India operations. Is that what we want?
Blocking Blogger is an option but isnt that what China does and is quite hated for? Censorship has never worked and never will.
I agree that there has got be a way to stop someone from posting defamatory messages but do not think the solution can either be as simple or as dramatic as mentioned above. And any ways, people do not always believe everything they read online. Also, if you don't like something you read in blog…..blog against it.
The Internet is a platform. Let people say whatever they like and do what they want. The trick is always to be one up on the game. So, if it is a case of defamation on some blog, one should prove it wrong publicly. We have more serious issues like bad roads, substandard civic ameneties, lack of law and order, human trafficking which need to be addressed in this country. Blocking a site or service is a bad option because there are more subvert ways to circumvent such blocks. Why should normal people be hassled by a few stupid blogs?
Nikhil,
You seem to assume its actually possible to block anything on Internet by passing an executive fiat. Your suggestion implies collateral damage and much wider harm to free speech and openness of Internet is acceptable.
-Tarun
Tarun, Blogspot was blocked in India three and a half years ago, by a government directive to ISPs. I was a part of the Bloggers Collective group that spoke out against, and fought that block.
I'm saying that individual rights are just as important as collective rights, and once can't hide behind the argument that just because the company isn't registered here, everything should be allowed. Imagine yourself in a situation where your individual rights had been abused on a platform like blogspot, causing damage to your reputation, impacting your work and income. If mainstream media in India is held accountable under Indian law, then content delivered in India via any other medium should be accountable as well. Free speech is fine, but the abuse of that right should not be allowed.
Google Inc should be held responsible, and as they did in the US, in case of libel, disclose the information of the person who broke the law. But if they're going to get away, because they're not governed by Indian law, then it opens a Pandoras box for unrestricted abuse on Blogspot. I consider individual rights more important that the greater common good, and the implications of a judgement in Google's favor on these grounds is setting the wrong precedent, in my opinion. Google India should not have taken this line – it highlights and exploits a loophole, and now that loophole needs to be plugged.
I think that a technology improvement is required here. In case someone posts sh** on blogspot, in a way google is responsible but there is nothing here google can do. I think only technology improvement can be the solution.