Blogging - The Legal Impact

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Published on March 4, 2009

Author: dchucks

Source: slideshare.net

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A presentation given by Advocate and Cyber-law expert Vaishali Bhagwat at the Symposium on Blogging organized by the Department of Communication and Journalism, University of Pune on 28 Feb 2009. (Uploaded here with Vaishali's permission who owns the copyright)

Freedom to Blog Not without limitations Vaishali Bhagwat, BCS LL.B Advocate [email_address] (C) Vaishali Bhagwat 2009 Reserved with the Author

Freedom of Speech and Expression Fundamental Right Art (19)(1) (a) Reasonable Restrictions Walking the tight rope (C) Vaishali Bhagwat 2009 Reserved with the Author

Fundamental Right Art (19)(1) (a)

Reasonable Restrictions

Walking the tight rope

Reasonable Restrictions Defamatory Obscene Hurting religious sentiments Promote Violence Against security of state Infringement of Right to Privacy (C) Vaishali Bhagwat 2009 Reserved with the Author

Defamatory

Obscene

Hurting religious sentiments

Promote Violence

Against security of state

Infringement of Right to Privacy

Defamation Statement that may harm a persons reputation Opinion Vs Verifiable fact Eg – “ I hate Mr Vermas Movie” Vs. “I think it is Mr Verma who hacked into the governments protected system “ Conveys a provably false factual assertion Truth is a defence (C) Vaishali Bhagwat 2009 Reserved with the Author

Statement that may harm a persons reputation

Opinion Vs Verifiable fact

Eg – “ I hate Mr Vermas Movie” Vs. “I think it is Mr Verma who hacked into the governments protected system “

Conveys a provably false factual assertion

Truth is a defence

Obscenity Test of obscenity laid down by Supreme Court in case reported in AIR 1970 (SC) 1390 S. 67 of IT Act 2000 attracted Transmission and publication (C) Vaishali Bhagwat 2009 Reserved with the Author

Test of obscenity laid down by Supreme Court in case reported in AIR 1970 (SC) 1390

S. 67 of IT Act 2000 attracted

Transmission and publication

Content Accountability Copyright infringement Expression of facts as well as original literary work is protectable. Not compulsorily registrable Quote – exception of fair use If you give credit to the author there is no copyright infringement .. This assumption is FALSE! (C) Vaishali Bhagwat 2009 Reserved with the Author

Copyright infringement

Expression of facts as well as original literary work is protectable. Not compulsorily registrable

Quote – exception of fair use

If you give credit to the author there is no copyright infringement .. This assumption is FALSE!

Copyright Violations Removal of violative material does not absolve you from infringement action (C) Vaishali Bhagwat 2009 Reserved with the Author

Removal of violative material does not absolve you from infringement action

Trademark Violation Deep Linking - passing off action - Trade Mark Law One of the biggest advantages that blogging has over traditional media is the convention to include links in an article which connect the reader directly with the source. The links could direct the reader to a file, a different page on the same site or to a new site altogether. This amounts to trademark violation (C) Vaishali Bhagwat 2009 Reserved with the Author

Deep Linking - passing off action - Trade Mark Law

One of the biggest advantages that blogging has over traditional media is the convention to include links in an article which connect the reader directly with the source. The links could direct the reader to a file, a different page on the same site or to a new site altogether. This amounts to trademark violation

Accountability Third Party Posts – you are accountable! Content – you are accountable! Disclaimer “ views in the blog are of the author” does not protect you against legal liability. At best can be construed as part of “due diligence” IT Act 2008 – Liability of an intermerdiary (C) Vaishali Bhagwat 2009 Reserved with the Author

Third Party Posts – you are accountable!

Content – you are accountable!

Disclaimer

“ views in the blog are of the author” does not protect you against legal liability. At best can be construed as part of “due diligence”

IT Act 2008 – Liability of an intermerdiary

Constitution of India vs.Bloggers Rights Freedom of Speech Right coupled with an obligation Reasonable restrictions Infringement of privacy and right to life Walking the tight rope (C) Vaishali Bhagwat 2009 Reserved with the Author

Freedom of Speech

Right coupled with an obligation

Reasonable restrictions

Infringement of privacy and right to life

Walking the tight rope

Cases Indiaah! and Indiaha! Barkha Dutt- NDTV and Chaitanya Kunte D. Ajith – Supreme Court has refused to quash proceedings against a computer engineering student who started the orkut community “ I hate Shiv Sena” Orkut Community – “ I hate Sonia Gandhi” (C) Vaishali Bhagwat 2009 Reserved with the Author

Indiaah! and Indiaha!

Barkha Dutt- NDTV and Chaitanya Kunte

D. Ajith – Supreme Court has refused to quash proceedings against a computer engineering student who started the orkut community “ I hate Shiv Sena”

Orkut Community – “ I hate Sonia Gandhi”

Thankyou Vaishali Bhagwat BCS. LL.B , Advocate [email_address] (C) Vaishali Bhagwat 2009 Reserved with the Author

Thankyou

Vaishali Bhagwat BCS. LL.B , Advocate

[email_address]

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