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.
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