Centre goes after FB, Google and Yahoo!
Delhi court summons executives of top firms
In line with Communications Minister Kapil Sibal’s recent threat to take action against websites like Facebook, YouTube and Google where users allegedly post “objectionable” material or text, the Centre on Friday sanctioned prosecution of such companies under particular penal provisions.
At the same time, a day after the Delhi High Court warned that like China the country too can take punitive action against these websites by shutting them down, a Delhi lower court directed top executives of foreign websites like Google and Facebook to appear before it on March 13 in a case relating to posting of some objectionable materials, including doctored images of senior political leaders.
Metropolitan Magistrate Sudesh Kumar asked the Ministry of External Affairs to issue summons to senior officials of the websites.
The order comes amid the Union government’s decision to grant sanction — which was mandatory — to prosecute these companies for hosting objectionable materials under the particular penal provisions.
Sufficient materials
The government on Friday claimed to have “sufficient materials” to grant sanction for prosecuting several companies, including renowned search engines, for hosting so-called objectionable materials on their websites.
The Communications and IT Ministry, which is overseen by Sibal, informed the court in a report that it has given its nod to proceed against the companies under Section 153A (promoting enmity between different groups on grounds of religion, race), 153B (imputations, assertions prejudicial to national-integration) and 295A (deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs) of the IPC.
“The government is satisfied that there is sufficient material to proceed against the accused persons under Section 153A (promoting enmity between different groups on grounds of religion, race), 153B (imputations, assertions prejudicial to national integration) and 295A (deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs) of the IPC,” the government said in the report.
As many as 21 companies, including Microsoft, Google, and Yahoo!, are named as accused in a private complaint filed by Vinay Rai in the court.
The complainant has sought action against the companies for offences like criminal conspiracy, defamation and promoting enmity between different groups on grounds of religion and race.
Last month, Sibal had objected to the content, besides pictorial depiction of certain materials, and demanded prior screening of substances before uploading them on the websites. He had termed certain content as “unacceptable”.
During the hearing, senior advocate Siddharth Luthra urged the trial court to adjourn the matter as the case was also pending before the Delhi High Court which has fixed the next hearing on January 16. The counsel, appearing for other companies, also sought adjournment of the case on one ground or the other.
The Delhi High Court on Thursday had warned the search engines and social networking sites, saying they can be blocked if they failed to check and remove objectionable materials. A group of companies had moved the High Court challenging the summons issued against them by the trial court on December 23.
