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18.01.2012 21:43    Comments: 0    Categories: Court Order      Tags: delhi  high court  google  facebook  objectionable content  

The Delhi High Court will on Thursday take up the petitions filed by Google and Facebook challenging the summons issued by the lower court, for objectionable content posted on their websites.

Google - India and Facebook- India  had on January 16 told the Delhi High Court that it was impossible for them to control content with billions of people accessing the websites.

The court had then adjourned till January 19 the hearing related to allegedly objectionable content on 21 websites.

Senior advocate Neeraj Kishan Kaul, appearing for Google (India), had said that the summons issued to social networking sites by a metropolitan magistrate showed complete lack of understanding about how the online system worked.

 

He had argued that the issue was related to the freedom of speech.

"The issue relates to a constitutional issue of freedom of speech and expression, and suppressing it was not possible as the right to freedom of speech in democratic India separates us from a totalitarian regime like China," he said.

Arguing that Google (India) and Google Inc. were different entities, he clarified: "It has nothing to do with Google (India) directly or indirectly, I am not responsible for it."

He had submitted that the petitioner company had no control over websites where the objectionable material was posted.

"I am only a search engine, the offending materials of websites have nothing to do with me," he said.

"Google India is neither a search engine nor a web hosting site and was a distinct legal entity from its US-based holding company Google Inc., a search engine," he added.

Advocate Hariharan, appearing for complainant Vinay Rai, had said that Google Inc. and Google (India) were the same.

He said they (Google India) were only concerned with marketing but their documents said that they carried on business of production and development of internet programme and software programme. Business of advertisement was only a small part.

The court was hearing the petition filed by Facebook and Google, challenging a trial court's summons.

Rai had requested the court to remove objectionable contents from 21 websites. Among these, 12 websites are of foreign-based companies.

Metropolitan Magistrate Sudesh Kumar earlier summoned the accused companies to face trial for allegedly committing the offence punishable under Indian Penal Code sections 292 (sale of obscene books and material and 293 (sale of obscene objects to young person.

 
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