Tuesday, June 23, 2009

Update on Defamtion suit filed against Google in Bombay High Court, India

Google India Faces Defamation Suit

19-08-2008
Bombay High Court has ordered Google to disclose the identity of a blogger who allegedly had criticized a Mumbai based construction company. The judgment has come in pursuance of a suit filed by Mumbai-based Gremach Infrastructure Equipments & Projects Ltd. Appellant in the plea had demanded for Google’s discloser of the name of the person who had criticized them using Google's blogging service.

Now, if Google does not disclose the name, it could face the charge of defamation. Incidentally, blogger.com offers a facility to a blogger to blog without disclosing real identity. And, in the given case the blogger had used the name ‘Toxic Writer’ and had criticized the said company. Now, the Bombay High Court has asked Google to present the blog written on February 26.

The court observed that there is merit in the contention, and on the basis of the article put up by the defendant on the blog site defamation is apparent. The court further ordered to defendant to reveal the identity of the blogger within four weeks of the order. However, Google India has not yet revealed the name of the concerned blogger.

Published in www.india-server.com


Google India says it has no control over blog content
23 Jun 2009

MUMBAI: Google India said on Monday (22 Jun 2009) that it will not be able to control the publication of content on its blogging website. The company has moved the Bombay High Court over an order restraining the website from allowing the publication of defamatory blogs.


Google India’s lawyer Srikant Doijode said that it had no control over the blogging site and the same was managed by Google Inc, USA. Even if there was an order restraining such blogs, it could not do anything, Google India submitted in court.

“The blogger service is provided by Google Inc. We (Google India) are not a party to the agreement between Google Inc and those who use the blog. We have no liability or responsibility for the content of the blog,” the company argued.

Earlier, city-based cardiologist Dr Ashwin Mehta had approached the court after finding that over 20 blogs on the website were defaming him.

A single judge of the high court had ordered Google to remove those blogs and prevent such incidents in the future.

“Google only provides a platform,” argued Google India’s counsel, adding that on account of the earlier order, it (Google) will be held in contempt if there was any fresh offensive blog about Dr Mehta. Mr Doijode pointed out that if the content was defamatory and the court wanted its removal from the website, the same could be done.

Chief Justice Swatanter Kumar and justice SC Dharmadhikari have posted the case for final hearing on July 7.

Published in Economic Times

1 comment:

deepakw3c said...

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