Comments for Orkut User Loses in Indian Supreme Court

Orkut User Loses in Indian Supreme Court

2009-02-25T11:58:22Z

The Supreme Court of India has denied legal protection to a 19 year old computer science student facing a lawsuit for comments left on a group page he created on the Google owned social network Orkut, according to The Times of India. Local press has identified the young man by the name Ajith D (a common name) and report that his alleged offense was creating a group page where other visitors left "libelous" comments critical of militant right-wing political party Shiv Sena.

Indians around the internet are condemning the ruling as a blow against freedom of speech and democracy. It certainly appears to be a dangerous misunderstanding of the nature of the internet on the part of the court and a bad precedent in the most populous democracy in the world.

]]> The Times of India quotes the court as having offered the following statement to the young man. "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. You have to go before the court and explain your conduct."

We're not sure what the number of potential readers has to do with anything and we find it pretty frightening that a court that would say "you're a computer student so you know how many people use the internet" had any say at all in such matters.

According to reports the comments in question were left by anonymous users and the group's owner claimed they were legitimate exercises of free speech. The youth arm of the political party facing criticism apparently filed suit under a law pertaining to "hurting public sentiment."

There are more than 1,000 groups on Orkut that show up in a search for "Shiv Sena," some for and some very much against the party. We're writing based on relatively light local reporting, so it's possible that the group started by Ajith D was particularly heinous. On principle, though, we presume that the young man should not face legal charges for anonymous comments left by others - no matter what those comments were.

Late last year Facebook shut down a group on that site that appeared to be celebrating acts of genocide against Bosnian Muslims. People lost their Facebook accounts and the group was closed due to violation of the site's Terms of Service against advocating violence - but filing legal charges against the group's admin would have been an entirely different matter.

India's Supreme Court ruling that the Orkut group owner could be sued for anonymous comments sounds like a terrible ruling to us and the kind of thing that web users all around the world should be concerned about. India is the world's second most populous country and its largest democracy. It's a large and complicated country, though. While the recent rise of the Indian middle class and tech sectors have received substantial attention, the country still has one of the highest child malnutrition rates in the world - twice that of Sub Saharan Africa according to the World Bank.

Democracies are complicated; the United States has one of the highest rates of imprisonment of any industrialized countries in the world, holds a shockingly disproportionate number of its young black men in prison and was founded on an experiment in ethnic cleansing. Who has the moral high ground?

While big picture questions are important, this particular case is as well. Will Google intervene in defense of Ajith D's use of its website? Will the US government, now more than ever advocating the use of free-flowing information technology to advance human well being, have anything to say about this potentially terrible precedent being set? We suspect neither will occur.

It's a good idea for us as individual web users to remember that even as new internet technology sets so much information and so many voices free, even in a celebrated democracy - online freedom may be one repressive legal ruling away from being put at serious risk. No matter where you might live - do you trust that your local judiciary would understand the issues in a case like this? We don't.

Comment from Dipak Kumar Adhikari on 2010-09-24

2010-09-24T12:44:24Z

Kind Attention
To,
The Incharge of the Department.
Respected Sir,
100% now I believe that if you have money then you can get anything, every thing is possible by you. If you are a poor then you can’t get anything, every thing is far and beyond possible to you, also you get poor judgment and poor comportment in all aspects of life, in our country INDIA. For example 1. I. I went to Police Station more than 100 times, made 5times entries (complaints) into G.D. but Not even a microscopic actions took place against the alleged bodies. On the contrary Sandip Samanta, S/O. Shankar Kumar Samanta (S.B.I. OFFICER Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) he has much more and enough money so they purchase all police personnel's and some political leaders, some Dada. Etc. Only I used to get many letters and many phone calls which all seem to me needs to be thrown in the trash, as it all are valueless, toothless and only simply a solace to the poor. What an undone boy I am! Woe is to me! My wife and her family, Shankar Kumar Samanta and his family harassed me and my family, they are torcher me physically and mentally, and all time told that they kill me and my family. Dt. 06.08.2010 Case no.336 U/S: 147,148,448,325,379/34 Sandip Samanta, doing the case me and my family, and his evidence only his father, mother and his uncle, not a single man in my village for their evidence, it’s a 100% fabricated case.

We got married 05/03/2002, and have a daughter who took birth on 09/07/2005. My wife and her family lodged a case 498A/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, against me and some of my family members it’s a fabricated, baseless, legless, toothless and doesn’t have any commensurate to the fact. My wife is engaged and having an illicit affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) just opposite to my house, all the matters are known to every person in my village, and also they have certified me written about my fresh character and nature. When my wife left form my house with Sandip Samanta taking many vory gold and cash 1.20 lack Indian rupees. What a demon she is! She didn’t take our only daughter (only four years old) who is now in my house having severe asthma supported by inhaler. My wife filed the 498A case dated 31/08/2009 and I was arrested on 06/09/2009, how much money Taken Baguiati police form my father and others for 498A/34 I.P.C., fabricated Charge Sheeted, I don’t know, because then I’m in Jail. The Learn" ed court granted me on bail on 19/09/2009. Barasat court. I have lots of irrefutable evidences, (20 pcs. Adult S.M.S., Adult picture with the boy and a c.d.) with me where it is cleanly reveals which translates my wife and the boy that they are in illicit relations. Believe me I and my family would love very much (which is very rare seen in our society) to my wife and never any kind of love lost didn’t happen. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother saw 1st time and she arranged my marriage. Before marriage my family did not see the pedigree of my wife’s family, now we understood also realized that they hailed from a worst status. My wife, her family and (Sandip Samanta, S/O. Shankar Kumar Samanta) all they are misusing this law. Now my wife’s family knows all the affair-related matter. My wife left our only solitary daughter to me who is 4 years old having severe "Asthma Disease, depends on INHALER, here political Hide and seek, ducks and drakes and lots of unfair means are going on and the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that in no way I can’t accept that demon wife. I hired a lawyer his name Mr. Kamelash Nandi. I don’t know what will be happened next? It’s an utterly a huge and a palpable offence subsequent to which the boy deserves severe and examplanary punishment so that no one can dare to abuse this law. My mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter thread barely and save me and my family. I leave here one question to every one that in this die-straits situation whom do I take care to myself (TRAGEDY), my daughter, or my mother (severe Diabetic)?. My wife filed another case me U/s. 125 Cr. P. C. Case NO.167/2009, (Smt. Nita Sarkar J.M. 1st Court Sealdah South 24 Parganas. Date 16/12/2009.) They take 4(four) Advocate at Sealdah Court. I am millions miles away from the genuine and authentic investigation and inquiry. No inquiry, investigation were executed against the F.I.R lodged by my wife. It is very painful, lamentable as well as heart rendering, breath taking affair to me and my family. My heart bursts into guffaw when I see the nature of the inquiry and investigation. One thing is as clear as crystal to me that the law and the task of the law enforcing agencies vary from man to man. A new proverb is going to take birth very soon that "Justice for the rich and Injustice is for the poor" A rich reserves the right to indulge in any kind of heinous business but the poor is restricted to involve in any type of excellent deeds" To see all these my heart is about to come in the mouth and the ground under my feet gets shook. In a word all types of Law are for the poorest and the richest will enjoy the richest judgments from all quarters.

After coming form the DumDum Central Jail, I mat with the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and asked him politely: “ SIR I FAILED TO UNDERSTAND THAT I MADE SO MANY ENTIRIES INTO YOUR G.D.E. BUT YET NO ACTION SO FAR HAS NOT BEEN TAKEN FORM YOURSELF” then BAGUIATI POLICE O.C. Mr. Goutam Mitra, went through all my papers (20 pcs. Adult S.M.S., Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.). After seeing all my papers he told me that I cannot take any action until and unless you lodge a case against all of them.

Then I Prayed to the Ld. C.J.M at Barasat court to lodge the case, against the alleged person. (The payer to the Ld. C.J.M. is enclosed which is self-explanatory) after filing the case (The case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010. CHARGE 323, 379, 406, 497, 498, 500, 504, 506 READ WITH 34/120B OF INDIAN PENAL CODE) the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, in stead of taking not any take proper investigation/ not take any action/ not take any type of query to recover my Cash and Gold form the house of Shankar Kumar Samanta, The BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, took my case as a Golden Goose, and how much money BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, has taken is well known to them. Neither he took any take proper investigation/ not take any action/not take any type of query nor he did roundup them against my case.

When I saw that already near by 90-100 days went by “ I went to the BAGUIATI P.S. to know the status of the case then BAGUIATI POLICE I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, became outraged me and my mother that if you ask about Shankar Kumar Samanta and his family I will sentence you and your family in the Jail, all their languages is so much filthy dirty which I cannot express front of you.
As I’m 100 percent innocent so I screw up my courage to place my grievances to every body in order to get redress. So I want to let my matter informed all the Indian and others. I wrote my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, S.P. and Dy.S.P.(N.) 24 Parganas, DGP Bhupindar Singh, All the I.P.S. AND I.A.S. OFFICERS. Governor in W.B, and President in India. P.M. in India, P. ChidambaramUnion Minister of Home Affairs, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B. informed Kolkata Commissioner of Police, Manager S.B.I.-Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337. My nation, all of the news channels, and all press, Talking with some NGO’s: 1. Universal Right and Duty for Human to Abide URDHA, 2. Human Right Commission’s Mr. Ujjal Paul and Mr. Shibaji Dasgupta. 3. Bharat Bachao Sangathan BBS. 4. Forum for Social Justice and Development FSJD. 5. Ajjtak News Channel’s Miss Menogya. and many more, (anybody can’t help me/ fight for truth /don’t take proper investigation/do not take any action/don’t take any type of query/ Still Now, many department told does not comes under the purview of our department. Then my question is where I go now? I can’t get Judgment still now. I see they all are in sound asleep. The reason is best known to them.
I hope you would care to me, your prompt action shall be highly appreciated and deserves to be lauded.

With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
P.O.: Hatiara. Dist.: North24Parganas.
Kolkata-700059 Email: dipakadhikari_59@yahoo.com
W.B. India. PH. 9874389190

Comment from Dipak Kumar Adhikari on 2010-03-11

2010-03-12T04:33:52Z

Kind Attention
Your honour,
We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, it’s not true case, believe me. My wife are engaged/Affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Manager) his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about many vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. 2nd court date is 04/01/2010 done. Next court date is 07/07/2010 at Barasat court. Some proof (20 pcs. s.m.s., picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. Before marriage my family not see my wife’s family, now we understand/also see that she’s family are very bad. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter. But my wife still now not agree she wants to marry to the boy. My wife left our only solitary daughter to me who is 4 years old having severe "Ashtama Disease, depends on INHEALER, here political Hide & seek game is going on & the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that I’m not taken back my wife. I take a lawyer his name Mr. Kamelash Nandi. I don’t know what happened next? Now I went to punishment the boy. If possible please help me. Please investigate the matter and relief/save me and my family. And . My wife given me U/s. 125 Cr. P. C. Case NO.167/2009, date 16/12/2009. 1st Class Judicial Magistrate at Sealdah. 1st court date is 15/01/2010 done, 2nd court date is 12/02/2010 done. Next court date is 26/02/2010. I attend but judge toll that order is ready, you take the order at 01/03/2010. Ohe order is giving to your wife Rs. 1500/- P.M.
Thanks
Dear Sir/Madam,
Actually I’m 100 percent victim, so I went to knowing my matter all the Indian and others. I write my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, All the I.P.S. AND I.A.S. OFFICERS. Governor in W.B, and President in India. P.M. in India, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B., my nation, all of the news channels, and all press, and many more, (anybody can’t help me/don’t take proper investigation/do not take any action/don’t take any type of quarry/ I think they all are sleeping WHY?) absolutely you also, I think you can help me, so I write to you. I’m Punishment + harassment Without Crime.
I hope you would care to me, your prompt action shall be highly appreciated.

With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
P.O. Hatiara. Dist.: North 24 Parganas. Kolkata-700059 Email: dipakadhikari_59@yahoo.com PH. 9836149983
W.B. India.

Comment from Upal Chakraborty on 2009-02-27

2009-02-27T16:06:24Z

I hold one of the biggest Young India community over orkut : http://www.orkut.co.in/Main#Community.aspx?cmm=50031368 ...I'm not going to del it & gonna maintain it for more youths to raise their voice. I feel as a hardcore netizen it is my responsibility to support & fight for the Internet Democracy.

Comment from Deepa Govind on 2009-02-27

2009-02-27T08:39:41Z

I remeber the burkha dutt episode, she and her channel went behind a blogger with defamatory charges.

Now we have this, wherein the Shivsena youth wing leader is pressing "hurting public sentiments"charges ( its the party's obsessive sentiment.. and practically nothing to do with public )..

In both cases, the targets where individuals against "group / organisation". Given the current judicial system, apologising / deleting the group seems to be the easy way out.

Comment from Praveen lohani on 2009-02-26

2009-02-26T16:49:24Z

With the penetration of internet and the understanding and tolerance for the openness of Internet being so restricted and scattered in India, this had to happen one day.
Internet and more so SN and UGC {Not the University Grants Commission :-)} are still perceived as destructive and waste of time rather than being constructive.

Great post as usual.

Comment from Cosmos Creatives on 2009-02-26

2009-02-26T12:21:52Z

The moment this news was made public, a number of my twitter friends from India expressed outrage over the ruling. Free speech, especially as that expressed on the internet has always courted controversy and this recent incident is doing nothing for the confidence of bloggers in their home judicial system.

Judicial systems in any nation should consider the fact that blogging gained momentum as an open medium of expression and interaction. - Edward

Comment from wayne on 2009-02-25

2009-02-26T06:24:37Z

this is nothing new in India. It has been happening to liberal activists from time immemorial and they were brushed aside by media as actions on commies.

Comment from digg news on 2009-02-25

2009-02-26T05:51:19Z

From the Orders of Supreme Court, I think we gonna loose a group fron orkut and its nice to do this..

Comment from Krish on 2009-02-25

2009-02-25T20:03:25Z

Marshall, this is nothing new in India. It has been happening to liberal activists from time immemorial and they were brushed aside by media as actions on commies (a term used to brush aside liberal values like in US). It has also happened to many other political activists. So far media didn't bother because it was happening to liberals. Now the misuse has come to strike a young boy from upper middle class who has used technology and media is making it big. The legal system in India needs an overhaul. Anyone can easily harass anyone else if they can manage to file a criminal case even on frivolous issues. Thatz the sad part.

Comment from Talat on 2009-02-25

2009-02-25T19:57:40Z

I believe this case cannot be talked in a general sense. Holding moderators so closely responsible for the anonymous comments might be excessive.

Imagine a college student who creates a group in Orkut. And his group gets very popular, with thousands of users. Some conversation is going on all the time there. Is that student supposed to monitor each and every conversation thread?When will he get any time to study?(In this case it was a student). If yes, then creating forums or tools for online expressions should only be done by people who are full time devoted to it. And in that case forums and groups can be created only when there is a commercial return(as the moderator needs to work full time).No more people will do it for personal non commercial interests. I don't like the way it is going.

PS:I am not very active in Orkut, and I have created a few communities. I am going there right now and deleting them all. Really. (I am from India).

Comment from Marshall Kirkpatrick on 2009-02-25

2009-02-25T13:10:25Z

Thanks Dhananjay, your post is the most articulate discussion of the case I've seen yet.

Comment from Dhananjay Nene on 2009-02-25

2009-02-25T13:06:40Z

I think the implications of the Supreme Court action are overstated. I argue in my blog post at http://dhananjay.nene.in/2009/02/free-to-blog-but-accountable-you-are-the-supreme-court-of-india-weighs-in-on-blogging-and-online-expression/ that this does not seem to be a freedom of expression issue.

There are two things to be noted. India has laws which prevent expression of violent acts like death threats. This case is not a civil case - it is a criminal case "apparently" because of such threats.

Secondly the Supreme court has ruled that the defendant has to produce himself in court to face the charges. It has not declared him guilty.