Monday, February 23, 2009

Blog is no private domain

All bloggers in india must read this news matter which gives them an idea of legal implication of blog publishing in india

Blog is no private domain

Comments On Web May Attract Libel, Criminal Cases


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 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 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.

Unimpressed, the Bench said, “We cannot quash criminal proceedings. You are a computer student and you know how many people access internet portals. Hence, if someone files a criminal action on the basis of the content, then you will have to face the case.”

Source : Times of india

Thursday, February 19, 2009

RE: IMPORTANT: THE POWER OF "49-O" A CHANCE TO CHANGE OUR POLITICS!!!!!

Did you know that there is a system in our constitution, as per the 1969 act, in section " 49-O" that a person can go to the polling booth, confirm his identity, get his finger marked and convey the presiding election officer that he doesn't want to vote anyone!



Yes such a feature is available, but obviously these leaders have never

disclosed it.

This is called "49-O".



Why should you go and say " I VOTE NOBODY"... because, in a ward, if a candidate wins, say by 123 votes, and that particular ward has received "49-O" votes more than 123, then that polling will be cancelled and will have to be re-polled. Not only that, but the candidature of the contestants will be removed and they cannot contest the re-polling, since people had already expressed their decision on them.



This would bring fear into parties and hence look for genuine candidates for their parties for election. This would change the way; of our whole political system.... it is seemingly surprising why the election commission has not revealed such a feature to the public....



Please spread this news to as many as you know...

Seems to be a wonderful weapon against corrupt parties in India ... show your power, expressing your desire not to vote for anybody, is even more powerful than voting... so don't miss your chance. So either vote, or vote not to vote (vote 49-O) and pass this info on...


Use your voting right for a better INDIA