Students Suspended For Sexually Explicit Mms

[hritik123 4]

its really sad in india that law is interpreted the way it suits the authorities, if it suits them then ceo of a net company goes to jail while rapists and corrupt politicians are out on bail really what will happen to this country god knows

[deepu 0]

The Rediff Interview/Lawyers Indranil Ghosh, Joseph Koshy

'Baazee case will set precedent'

December 20, 2004

The students sex scandal -- a videotape of two schoolchildren in sexual acts, taken by a third student -- has opened many Pandora's boxes. Questions about morality in schools and the use of sophisticated technology are just two of the most obvious. A third box was opened after an Indian Institute of Technology, Kharagpur, student decided to sell a CD containing the sexual act on the auction web site, baazee.com

While the IIT student was arrested for peddling pornography, so was the chief executive of baazee.com, Avnish Bajaj, who was held responsible since the sale had taken place on his site. baazee.com is owned by the giant American auction company Ebay.

Bajaj's arrest raises many concerns. While some observers have raised the question of corporate responsibility, there is also the question of how responsible is the CEO of an Internet site that is open to the public to buy and sell. The web site plays the role of a facilitator, allowing the public to engage in trade, and considering that much of the buying and selling is automated through enabling software, individuals are not directly involved.

The Indian Information Technology Act 2000 was passed with the idea of helping Indian software business grow and yet ensure that the same did not give free rein to people, as seems to have happened in the school students scandal. In a sense, this case is among the first that pits the new world of high and fast evolving technology, with the old world of jurisprudence.

Indranil Ghosh and Joseph Koshy, partner and senior associate at Fox Mandal, a solicitors and advocates firm, spoke to Deputy Managing Editor Amberish K Diwanji in New Delhi about the case and what it portends.

How is baazee.com is responsible for this act of buying and selling?

Indranil Ghosh: As per the Information Technology Act 2002, Section 67, a web site is responsible publishing or transmitting material that is obscene is responsible. But I must add that as per Section 79, if it can be proved that this action happened without his knowledge or in spite of his efforts to the contrary, then he is not necessarily responsible. In that sense, Section 79 is an escape clause (Sections 67 and 79 are listed below.)

As per information know today, the CD was first put up for sale on 27th (of November) and was being sold till the 5th (of December). In such a scenario, baazee.com should have come to know of what was happening on their site. It was on the 5th that the site took some action and stopped the sale.

baazee.com is a site where tens of thousands of people come in to buy and sell every day. How is it physically possible for any person to actually keep track of each and every sale?

Indranil Ghosh: The answer is how one operates the web site. If you can prove that you had taken adequate measures to stop the sale, then one has a genuine excuse. True, the site did not actually do the selling, but if it allowed such a sale, then as per the existing laws, it is responsible. After all, the site is providing the server and the site.

baazee.com does make a declaration that it won't permit anything illegal or the selling of pornographic material on its site, but the question that will come up is how far it implements its own standards and rules. And it also depends on the bona fides of the company, if it can show that it acted in good faith, undertook measures that were necessary, etc. This is where Section 79 comes in.

Mr Bajaj's arrest has created a worldwide flutter.

Joseph Koshy: Much of the trial was by the media.

Indranil Ghosh: This (the students sex scandal) is a high profile case.

Is it fair to hold him directly responsible for something that happened because of technology.

Indranil Ghosh: The problem with Section 67 is that it is very wide and the problem with criminal law is that initially, you can't prove anything. So when you apply for bail, you can't say that 'I have undertaken so and so steps…' Until the investigation is complete, the criminal courts are not going to accept bail applications.

I come back to my earlier question. A site, once it is ready, runs mostly automatically on its software. How much is the CEO, or even the staff, directly responsible for some lapses that might occur by some persons using the site?

Indranil Ghosh: I would say that the web sites will have to be one step ahead of those likely to transgress the law.

But that might not be possible. For example, in doing a search, a person might search for pornography through certain combinations of words or letters. It is impossible to ban all such combinations and permutations.

Joseph Koshy: If you visit a search engine and search for a particular object, the engine throws up some results. This is the job of the search engine. And here Mr Ghosh is right: Our law is not totally appropriate enough. It is effective enough but we do need a little more clarity.

'Transmitting' is a very big word, but here the engine is only providing the information. And when one clicks on a site thrown up, the reader is taken to another site outside the search engine. So really to blame a search engine to not be able to cut off objectionable sites completely is a bit harsh.

Indranil Ghosh: That is why what action the officials take after coming to know of something illegal happening becomes very important.

But ironically, as a site becomes more popular and more automated, you have more visitors and fewer people to monitor their actions. It is physically impossible for anyone to keep tabs on some million clicks through a day. I mean, how guilty is the knife maker if someone uses if for murder instead of using it for cutting vegetables?

Indranil Ghosh: I would say this would depend on the facts of the case as to when did they (baazee.com officials) come to know about this sale (of the CD containing the sexual acts); what action they took thereafter, etc. That is very important. If it can be shown that nothing was done after becoming aware of the wrongdoing, then there is a case.

Joseph Koshy: In that sense, the only protection comes under Section 79, which provides the escape window to sites that are open to the public.

But is the site/firm responsible?

Let me give you an example. Suppose I use my office computer to download music, which is against the law. And my firm is not in the business of selling music. Now, not only am I guilty, but so are my bosses since I have been using my office computers even though they would have absolutely no clue as to what I am up to. In that sense, one is responsible for one's site or firm, even if you may not be aware of what all is happening at the bottom.

Indranil Ghosh: But here, the Supreme Court and high courts have been intervening to point out that in every case, the top directors cannot always be held directly responsible and their culpability lies in the facts of each case.

There haven't been too many such cases.

Indranil Ghosh: Everyone is watching since this is a new case and many aspects remain unknown. It will set a precedent for the future. The IT Act will undergo changes as the cases evolve.

There is also the perception the laws are not keeping up with the fast moving technology world.

Joseph Koshy: A problem is that our magistrates are quite cut off from this emerging new world. A magistrate is day in and day out extremely busy handling cases of theft, dowry, murder, and such crimes; he or she hardly has time to know about the new technology changes taking place. Then suddenly, they are confronted with such a new case. In such a scene, they take recourse to the laws as they know it, and this is understandable.

Indranil Ghosh: But I must add that the courts do keep abreast of changing perceptions. A few years ago, in labour cases, the courts were almost always pro-labour, now they are pro-management; earlier tenants could get away with anything, now it is the landlords whose pleas are heard. So laws and judges do keep abreast of changing perceptions and as they become aware of IT and its implications, they too will apply the law as required.

Relevant sections of the Information Technology Act, 2000:

Section 67: Publishing of information which is obscene in electronic form.

Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on the first conviction to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees.

Section 79: Network service providers not to be liable in certain cases. For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act, rules or regulations made thereunder for any third party information or data made available by him if he proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention.

Explanation. For the purposes of this section

a. 'network service provider' means an intermediary;

b. 'third party information' means any information dealt with by a network service provider in his capacity as an intermediary.

[Arun 795]

IITian granted bail

Indian Institute of Technology student Ravi Raj, accused of selling a sexually explicit video clip involving two minor school students via the Internet, was on Friday granted bail by a Delhi court, which took into consideration the fact that the prime accused have already been released on bail.

Additional Sessions Judge Aruna Suresh directed him to furnish a personal bond of Rs 50,000 and two sureties in the like amount to the satisfaction of the trial court.

The court also directed him not to leave the country and surrender his passport, co-operate with the investigation and not try to influence any witness.

Interestingly, the court observed that the website, on which Raj is alleged to have posted the clip, had committed a serious lapse by not removing the same from the site on the very first day it was posted there.

According to police, Raj opened an account under the name Alice Electronics on the website on July 21. He posted the clip in that account on November 27 and it remained there till November 29.

Police also claimed that besides the MMS clip, he had also been selling other pornographic material through the net.

Raj, a final year MSc Geophysics student of IIT Kharagpur was arrested on December 14 and produced before a Delhi court two days later. The court had remanded him to three days police custody.

Two other accused in the case – www.baazee.com CEO Avnish Bajaj and the schoolboy, who allegedly created the clip – have already got bail.

In another development, the juvenile Court in Delhi issued show cause notices to two prominent TV channels for allegedly identifying the minor boy involved in the scandal.

Juvenile Justice Board Principal Magistrate Santosh Snehi Mann issued notices to the channels after Puneet Mittal, counsel for the minor boy's school, and the boy's counsel Amit Khanna produced print outs from the websites run by the channels showing they had 'violated the law' in this regard by publishing the name of the school.

The court asked both the channels to reply by January 11.

The school had moved the application through Mittal alleging that a Delhi newspaper and certain TV channels blatantly contravened the law, which says the identity of the juvenile should not be published.

Meanwhile, the daily, against which a show cause notice was issued for allegedly identifying the juvenile, on Friday told the court that the page on which the name of the boy's school appeared was printed before the court's delivered its order on Tuesday asking the media to desist from giving out details about the identity of the minor boy.

The court said publishing the identity of the juvenile was statutorily banned and hence the newspaper had violated the law - Section 21 of Juvenile Justice (Care and Protection of Child) Act - and not just its order.

Though the newspaper apologised verbally, the court asked it to tender a written unconditional apology and file an affidavit in this regard on January 11.

[Ashokjp 15]

Gujarat bans cell phone use in schools and colleges:

Source: NewKerala.com, Jan 19, 2005

[india News]: Ahmedabad, Jan 19 : In a surprise move, the Gujarat Government today issued an order banning the use of cell phones in schools and college premises in the state.

The ban is likely to affect 37501 primary schools, 7308 secondary and higher secondary schools and colleges affiliated to 12 state- run universities spread across 25 districts. It will not only affect students, but also the business of mobile operators in the state. Among the main service providers in the state are Idea, Fascel, Tata, Reliance and Airtel.

The ban on cell phones in schools and colleges was under the government's consideration since December 2004, as some senior people from the field of education were pressing the government for the ban.

According to some of the teachers, who were in favour of the ban, cellphones not only cause distraction during the classes, the use of mobiles on campuses has come under a cloud following the scandal in a New Delhi school where a student filmed himself while engaged in a sexual act with a classmate using a camera phone. (ANI)

[deepu 0]

Is it just the students who are banned from using CellPhones or the teachers/Principals are also banned from using cellphones in Schools/Colleges!!

[Ashokjp 15]

Well in my school, the teachers use cells even during class hours...

Cant do anything about it, Until a case like dps comes in case of them

[linuxguy 0]

Students must be strictly prohibited from carrying anything electronic. The teachers should be allowed but must adhere to strict rules about their use in the school premises. Same applies for high schools/junior colleges. As for the degree or university students. I think they are 18+ so they can induldge into any "activity" they want YET their use of cellphones or other electronic gadgets must be guided by strict rules. Oh yeah and dont forget the enforcement part of the rules

[raccoon 53]

I really wonder if man will ever reach a stage where he can live in peace without a gazillion laws/rules/regulations...

Once when I was talking about a related subject to a friend, he told me something which really stayed with me. He told me, "Dont fret so much! We need 'these' people to make rules for us ...else what will we have to break???"

May every "strict rule" be broken! It will remind us that the human spirit is meant to be FREE...!!

[tanveer 59]

of course we need rules but they should be realistic. what is the point of making rules that the authorities know are going to be broken in some form or the other?

anyways as raccoon said let them make rules and we will enjoy the breaking them as the fear of the forbidden always adds to the excitement.

[deepu 0]

And the rules and regulations they make contain umpteen loopholes also......

[deepu 0]

Two lakh fine for Net cafe porn

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LUCKNOW: The Uttar Pradesh government has banned surfing of pornographic websites at cyber cafes. Offenders will face heavy fines and jail.

Uttar Pradesh IT Minister Veerendra Singh said that cyber cafes would have to install equipment that prevents logging on to any adult site.

"There should be a master video-display to monitor all computers by the cyber cafe owner," Singh told IANS.

All district magistrates and superintendents of police have been informed of the ban and asked to conduct surprise raids.

Offenders can be fined up to Rs 2,00,000 and jailed for 10 years. First-time violators face a fine of up to Rs 1,00,000 and imprisonment for five years.

District officials have been asked to maintain a dossier of all cyber cafes.

Earlier, the government had ordered that cabins and partitions in cyber cafes be pulled down for stricter scrutiny.

[raccoon 53]

No limit to human stupidity! And hats off to voters who elect a regime like this...

Anyway...

"There should be a master video-display to monitor all computers by the cyber cafe owner," Singh told IANS.

What exactly does he mean by this??? Porn is not the problem ...people like him are!

[Arun 795]

yeah, it will be a matter of denial of Privacy !

[Ashokjp 15]

Then for wat are closed cabins kept in cybercafes if its of no use to cover wat you are doing..

[deepu 0]

Mobile phones banned in govt schools in Delhi

-----------------------------------------------------

The Delhi government on Tuesday banned the use of mobile phones by students in all government schools.

Delhi has 1250 government schools.

The government also sent an advisory to all private schools seeking steps to curb use of mobile phones by students.

[Ashokjp 15]

dats jus a rule for the time being..

As time passes, everything would be back as it used to be earlier..

maybe even more with more hi-tech facility phones

[dacodecz 0]

Duhhhh ..........

What they want to prove by banning the mobile phones in the school, will this stop any further act like this?

I guess they are not interested in improving the sensuality and decision making power of the students, instead they just don't want to let the world know whats going behind the curtain.

Once again these idiot decision makers proved how stupid they are behind there fake and stereotype intellect.

[chandramauli 0]

another MMS Scandal !!! this time in chandigadh

____________________________________________________-

MMS sleaze now grips Chandigarh

IANS[ WEDNESDAY, FEBRUARY 09, 2005 03:10:12 PM ]

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CHANDIGARH: A MMS video clip purportedly showing a city-based professional and socialite woman having sex has set the city's social circles aflutter.

Senior police officials here said they had viewed the video clip and were contemplating action.

"We can take action for obscenity and we are trying to figure out provisions of law under which a case can be registered," a senior officer said.

The 22-second video clip, believed to have been shot with a mobile phone with camera - shows a woman in mid-30s with an unidentified man believed to be a professional.

The video clip has been doing the rounds in the city's party circles for nearly a month now.

The police say they would have to investigate if the woman was really involved in the video clip or was a victim of a conspiracy

[deepu 0]

Another misuse of technology!!!