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Feb252009
Of blogs, bloggers and freedom of expression
There is an ongoing discussion thread with the subject title as “Disturbing News” on the Bangalore bloggers’ mailing list, the Blogaloreans. The topic of discussion is the case of a 19-year old blogger, Ajith D, who started a community on Orkut against Shiv Sena. As a result of what the Shiv Sena found content that had defamation value, a criminal case was filed against Ajith who now faces prosecution in court. As this article documents:
Bloggers may no longer express their uninhibited views on everything under the sun, for According to the Supreme Court, you can be prosecuted for your shenanigans.
There have been many reactions to this: on twitter, on blogs, on mailing lists and in the press too. The common thread uniting these reactions is that bloggers feel they are fast losing the right to discuss their opinions freely. Also, the “constitutional” right, freedom of expression, comes into play. While I am *not* a fan of shutting bloggers up at all, I’m trying to recognize the intent with which the SC made this decision. Freedom of expression, after all, isn’t just a constitutional right but also a power we have often abused. In the blogosphere, I guess we could regard sarcasm, wit and satire as general okays, as the intent there is to evoke laughter as subtle criticism hides underneath. However, making a public defamatory post against an individual is *not* something that should be accepted, and I believe it is there that the SC is trying to restrict people, although the law doesn’t state that directly.
The problem with this whole “freedom of expression” idea is that people are entitled to say, “hey, I’ve got an opinion, and I want to speak out”. But guess what? Raj Thackeray has an opinion as well and *his* opinions have always lead to violence. Since he belongs to the same constitution (still, i.e. unless he insists Maharashtra has a *separate* constitution which I honestly won’t put beyond him) the “freedom” that is applicable is the same. Ergo, Mr. Anonymous Right-Wing X blogger who comes along and says, “Muslims are the cause of violence and terror in this country” and Mr. Anonymous Bihari Y blogger who comes and says “Mr. Raj Thackeray is anti-Indian and pro-Maharashtran” and Mr. Raj Thackeray, God forbid he blogs, says that Biharis should be kicked out of Maharashtra - all three opinions are the individual’s own and without controls in place all three of them are free to express them.
Blogs have always been about opinion, and though they had an impact on 26/11, etc. in terms of reportage, blogs are now quickly gaining more readership and attention. With increased exposure to the aam internet-savvy junta, I do believe that bloggers must also show some restraint with criticism and inject it with more constructiveness. Mere rants serve little purpose except for satisfying one’s itch and/or ego to make themselves heard, and when this tends to hurt public sentiment the law is forced to step in. If the court says it will take action against bloggers who go online and make hate-posts against a particular individual, and if this hurts public sentiment, then I am with the court. Yet it is tricky to draw this line, both for the blogger and for the laws. For instance, every six months comes along a Ram Gopal Verma movie and I would be absolutely dishonest if I, as a blogger, say that I do not enjoy my right to express how much I hated it, even if it sparks angry reactions from the reader. I wonder if RGV would, in such a situation, go to the Court and file a cause.
At the same time the laws of the land must find better ways to control what is being written or said in a public forum than restricting and threatening bloggers with action. Bloggers in India must together call for what I think is a more mature approach and law towards dealing with public defamatory comments on the internet. Bloggers are, after all, not “public” figures like political leaders are and to judge both by the same yardstick might not necessarily be the best method. Besides, is this restricted to just blog posts? What about comments on these posts? What about tweets? Will I be prosecuted for 140 characters of abuse? And worse of all, what about YouTube comments? Just search for a video of a Shoaib Akhtar bouncer to Ganguly and look at the comments there: you’ll find enough hate on that page where “educated” citizens view videos to start a war. I for one fail to understand how a sphere of leather hurled by a Pakistani citizen, crashing into the rib-cage of an ex-East-Pakistani citizen can lead into online communal hatred. Inexplicable. And if the law honestly thinks it can control such “incidents”, well, good luck. Who will they take action against, the innocent guy who posted the video?
Specifically on the Ajith D case, and other similar cases, holding a “community leader” responsible for the activity in that Orkut group is perfectly alright provided our internet audience is mature enough to understand internet ethics as well as the implications of what they do. It might just be that the Ajith D incident will make many others think twice before they start a “I-hate-something” community on Orkut, but when you look at it in detail, the people who actually spread violence and hatred are running free while it’s an ignorant kid who gets picked up by the cops. In retrospect, with this case atleast, the law has certainly let its people down.
P.S. I did NOT like RGV ki Aag and will never shy from making a post expressing my anger towards RGV if he makes such movies again. And if I am sued, I will counter-sue RGV for playing with public sentiment and murdering a classic like Sholay. Besides, I wasn’t the one who decided to take a walk in a hotel where terrorists murdered eighty-odd people only a few hours earlier.
The views expressed in this post are those of the writer and are not necessarily endorsed by Mutiny.in
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"The Voice"
001
12:36 pm
Dear 2s
You have raised a really good point. Since the NDTV and Bharka Dutt sued another blogger before, and now Shiv Sena is suing Ajit D.
I believe Blogging is a kind of power, and with power comes responsibility. We have to raise issues, but within a framework of constitution.
However,These recent cases against Bloggers are resembling the “Imperialistic Approach”. In British India, you could not say anything against govt, all the press and newspaper who were against them where shut down.
Same thing is happening here.
What we need is a body and an organisation. Blogger’s own umbrella organisation. Which helps fight such legal cases with nominal fees. Otherwise, once and for all “Free Expression Movement” will come to halt.
And bloggers will merely become entertainers like other news channels.
Good read…keep it coming
thanks
Kima
002
3:33 pm
2s, forget creating an “I-hate-something” community in orkut, what is downright scary in this judgment is that if I create any damn community, say about how furry cats are or about a particular city, and somebody starts making derogatory statement about that city and soon evolves to scathing abuses on some political figure from that city and finally ends up becoming an ugly communal war of words, it means I am liable for all those comments right?
What if I dont have time to log into orkut or haven’t logged in orkut for ages, does it mean I’m still liable since I am a computer science student too and apparently “know how many people access internet portals”? This judgment is a big blow for many of us, especially discussion forum admins. Who’s gonna have time to moderate each and every single comment that pours in every hour at our respective forums?
Going by this standard, even mutiny admins are no longer immune to the disclaimer clause as we all know the kind of comments people write especially on controversial topics. We seriously need to do something about this.
And in the midst of all these discussions about freedom of expression etc everywhere, I am surprised many people have forgotten Ajith. I really pity him because he will now have to travel to MAHARASHTRA due to the FIR filed by Shiv Sena. Its like walking into a Lion’s lair after throwing stones at them first.
Swarup Sarkar
003
3:45 pm
This is nothing but the Judgement is towards the Bratish Raj. What for we got freedom and waht for our great people end their life to fight against the Bratish Goverment?
One think is very clear the Chief Justice of India , afrid to take any strong actions against political party and against big media house and hence dismiss the common mens petition.
This is a balck day for Indian justice system. Blog had been a threat for big media house and political party and we wonder does Chief justice want to save gurd them insted of common citizen of India?
I will not be surprised , if to get the freedom many more bhaghat singh or jatin das have to take rebarth in this coutry.
2s
004
3:59 pm
@Kima precisely. That’s why I question the law here.
Shayam
005
4:11 pm
Also consider the following:
(a) Is Blogging Bad Or Ilegal In India- http://legalenablementofictinindia.blogspot.com/2009/02/is-blogging-bad-or-illegal-in-india.html and
(b) The Law For Blogging And Web Contents regulations In India-http://legalnewsandviews.blogspot.com/2009/02/law-for-blogging-and-web-contents.html
The Government of India can make the things better by formulating a good cyber law that clearly demarcates between legal and illegal opinion sharing. The proposed Information Technology (Amendment) Bill, 2008 has further complicated the matter and made the Cyber Law of India a weak and ineffective legislation. It is surprising that the blogging community did not raise its voice for a stronger cyber law in India that can protect it from arbitrary police actions. Perhaps it is still a good idea to oppose the Bill, 2008 and demand for a just, reasonable and effective cyber law in India.
Dhananjay Nene
006
5:14 pm
I think the Supreme Court was essentially saying that bloggers cannot escape accountability from expression that we are subject to in oral speech as well especially in this case where the underlying case was a criminal case. Blogged about it at great length here : 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/
sanjukta
007
7:16 pm
@swarup
There go the blogger with his obsession with an imaginary death of freedom. Guys stop being such a cry baby and insecure. No body is taking away your freedom. It is only a reasonable restriction that is coming into play and that too because blogging and these social community have finally come of age and are in a position to influence people.
@The voice, 2s
Excellent point regarding the need of an umbrella organisation. every media have one, PTI, CBFC, now that blogging is gradually becoming mainstream, we would sooner or later need an regulatory body for new / social media.
More of my thoughts on this topic is here, since Sandy already posted it on Mutiny.
http://sanjukta.wordpress.com/2009/02/24/welcome-decision-by-sc-restricting-the-freedom-of-speech-often-absued-by-bloggers/
sanjukta
008
7:19 pm
@Kima,
exactly, even Mutiny editors are not immune because we must have a responsibility to clean up the mess other people creating here. Time and again I had felt the need of better moderation policy on Mutiny to control communal rants but we dont always get time to moderate. But from now on we have to be, we are compelled to be more responsible, isn’t that a good thing. Do we really want to read the inflammatory rants that Mutiny is so used to?
Dhananjay Nene
009
7:22 pm
@sanjukta
Why single out social media for an umbrella organisation. Probably a composite one along the lines of ACLU is whats more helpful.
truth
010
10:00 pm
Perhaps people need a little bit of education here. On and on i hear the same old nonsense that with freedom comes responsibiliy and what not. Freedom of expression is absolute and it comes with no little bits of clauses attached. The freedom of speech includes teh freedom to be wrong as well as the freedom to hate and criticize. You like something, good for you…but dont expect me to give even an iota of respect to it and i will speak whatever i feel like of it. A freedom of speech which lets one to only say sugar coated stuff is no freedom at all. Thats what was the case in nazi germany or soviet union durng and after the bolshevik revolution. I dont understand that when an individual is thought to be mature enough to cast his vote, why isint it thought that he or she is good enough to take criticism or any other kind of negative feedback. And the author of this post may very well try to understand that when Raj T’s speech led to violence, it should have been that those who indulged in violence should be taken to task and not Raj T. Let Raj T say anything but those who use his words to indulge in violence they should be chargesheeted. Unless and untill, you dont hold the individual responsible for his actions, we arent going anywhere. You cannot let a fanatic go free just because he heard some so called leader speak against something. Hold the individual responsible for the violence, thats the solution. To hold someone else responsible will only give more power to the fanatic who goes on a rampage whenever he feels like since he knows that he is thought of as a naughty child by the law and none of his actions will lead to punished.
"The Voice"
011
11:45 pm
@Truth.
well according to you, Freedom of expression comes with no strings attached.
And you recommended Do not do anything to Raj T but convicts those did the real violance..
So in that case that implies, you are recommending that Hitar, Stalin,Chairman Mao..all are innocent and they were just exercising their right of expression. Its the people below them who followed their direction are the real cultprit….
Interesting.
No further comments.
Good day
“The Voice”
Truth
012
9:34 am
Mr Voice. It seems that you clearly trying to act like a spin doctor here. Otherwise how can someone come up with such an argument as you have. The names that you taken were all dictators and heads of the administrations of their times, what they gave were “orders” and not simple uses of the freedom of experession. Dont try to compare apples and oranges.
Truth
013
9:36 am
And yes, I do recomment doing nothing to Raj T because when he will know that nothing that he says will lead these man to rampage, he will automatically shut up.
Natarajan
014
6:46 pm
“I for one fail to understand how a sphere of leather hurled by a Pakistani citizen, crashing into the rib-cage of an ex-East-Pakistani citizen can lead into online communal hatred.”
Excellently argued!!
Kima
015
10:51 am
Comforting news in today’s TOI, I guess.
Hosts liable only for own content on Net
epaper.timesofindia.com: http://tr.im/gPxE
So does intermediaries refer to just the owners of servers/portals (blogspot, wordpress etc) or applies to discussion forum owners/admins within those portals (Jacob, Jo etc) as well? The notification is quite tricky.
Deepa Govind
016
3:14 pm
[ quote] blogs are now quickly gaining more readership and attention. With increased exposure to the aam internet-savvy junta [quote]
guess this is what scares them all… be it barkha dutt or Shiv sena youth wng activist
[quote] internet audience is mature enough to understand internet ethics as well as the implications of what they do [quote]
and perhaps the “system” still thinks that ” public need to told what to do & what not to do “… howzz that for a free thinking society
Deepa Govind
017
3:15 pm
ops forgot the followup
punetech
018
3:21 pm
@Kima, the article clearly points out that “intermediaries” are not allowed to “select or modify the information contained in the transmission”. Blog owners who moderate comments will not qualify as intermediaries. Which means that they are accountable for all the comments on the site.
You could claim to be an intermediary if you don’t moderate the comments at all. And you take care to remove any objectionable comments when they are pointed out to you. But that will pretty much ruin your comments section, since it will be overrun by spammers and idiots.
One possibility is to use technology - like the IntenseDebate comment plugin, which allows the moderation to be done by your readers. Only works if you have enough readers enthusiastic enough to moderate comments…
Kima
019
4:32 pm
Thanx punetech! That clears up some of the doubt I have.
The MM
020
11:41 pm
How would the SC judgment affect people blogging from other countries? Here in the US we have greater freedom compared to India to blog about controversial topics.