An Indian Court had recently issued a notice to Orkut.com to remove certain objectionable content in its We Hate India groups. The objection concerned carrying of anti national postings by Pakistani sympathizers including a picture of burning Indian flag.

As a coincidence, Indian Government has now announced a proposal to make some critical changes to the prevailing cyber laws in the country which will make Orkut breath easily. The reason is that the proposed amendments to Information Technology Act 2000 will consist of a clause to protect Intermediaries from the legal issues arising out of messages posted by its users. According to the proposed new section 79 of the act, “An intermediary shall not be liable under any law unless the intermediary has conspired and abetted”.

The proposed changes has created a flutter in the Indian market. While the Government sources have been claiming that the changes are meant to strengthen the data protection measures in India, experts in the field have been claiming that the changes will make the laws weaker and needs to be reviewed. Surprisingly, the media in India and abroad have been replaying the press release of the Government hailing the change as welcome. The country’s apex industry association namely Nasscom has also welcomed the changes.

But, can exempting intermediaries from all legal responsibilities be considered as a welcome move? ..What will the Government do when more Cyber Crimes get committed in Cyber Cafes and through other intermediaries?..ask the experts. More information on this issue is available at http://www.naavi.org.

Naavi

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