Law For Blogging In India: A Constitutional Perspective

February 25th, 2009 - 5:32 pm ICT by VKS  

Users’ generated contents are an important part of knowledge base these days. A major portion of the same consists of contributions from Bloggers all over the World. The Blogs have become important part of day to day activities of people all over the World. They provide the “Public Opinion” about various issues and in many cases also act as a base for “National Policy Making”. However, of late we are witnessing lot of controversies regarding blogging community. These vary from blocking of Blogs to suing the Bloggers. So what is the legal position of Blogging in India?

According to Mr. Praveen Dalal, Managing Partner of Perry4Law and Leading Techno-Legal Expert of India, “It is not the Blogging that is bad or illegal per se but the “Illegal Contents” that it generates. However, every case depends upon its own facts and circumstances. With the Constitutional Protections on the side of Bloggers there must be very strong reasons to book a person for Defamation or disturbing Religious Harmony. 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”.

It is clear that Blogging per se is neither bad nor considered illegal in India. Of course, a person responsible for defamation cannot escape the results of his acts. But by and large Blogging is an intellectual activity devoid of any illegal elements. The government of India must make its stand very clear regarding its Policies towards surveillance and regulations of Blogging community in India.

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