Wednesday, 1 February 2012

Will Delhi High Court Deliver Cyber Justice To India?

Legal actions against offending foreign websites would certainly be taken in India whether such foreign websites like it or not. Presently, a criminal trial is pending before a trial court in New Delhi, India against companies like Google, Facebook, etc. Even the Delhi High Court would hear the case of Google, Facebook, Microsoft, etc on 02-02-2012 in this regard.

Cyber litigations against foreign websites would increase a lot in India. However, India has not enacted an appropriate regulatory and procedural mechanism to deal with websites that are deliberately and openly violating laws of India.

Fortunately, Delhi High Court has some very good suggestions available to it before the next hearing. Perry4Law Techno Legal Base (PTLB) has suggested some very good and effective measures that can help India in getting its laws enforced against companies like Google. Facebook, etc. Google, Facebook and other companies must comply with Indian laws in order to operate in India.

In order to ensure that these companies comply with Indian laws, PTLB has also suggested certain safeguards in this regard. The chief among them is that Indian must formulate an alternative mechanism to DMCA complaint to Google and others to get its laws and regulations enforced at national and international level.

PTLB has also suggested:

(1) All subsidiary/Joint ventures companies operating in India that deal in information technology and online environment, must mandatorily establish a server in India. Otherwise, such companies and their websites should not be allowed to operate in India.

(2) A stringent liability for Indian subsidiaries dealing in information technology and online environment must be established by laws of India.

(3) More stringent online advertisement and e-commerce provisions must be formulated for Indian subsidiary companies and their websites.

Unfortunately, Indian computer emergency response team (CERT-In) and department of information technology (DIT) are not fulfilling their responsibilities under the information technology act 2000 (IT Act 2000) and its corresponding rules. For instance, blocking of websites in India has been imposed upon judiciary even though it is the primary responsibility of Cert-In and DIT.

The Delhi High Court has a great opportunity to formulate sufficient guidelines in this regard so that companies like Google, Facebook, etc comply with Indian laws. Presently, these companies are bypassing Indian laws by using the fa├žade of subsidiary nature and by not complying with both US and Indian laws.

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