"Like
China, we will block all such websites," Justice Suresh Kait said on
Thursday while asking counsel for Facebook and Google India to develop a
mechanism to keep a check and remove offensive and objectionable
material from their web pages.
Justice
Kait, who did not stay the proceedings against the two websites before
magistrate's court, however agreed with the plea of lawyers that they
would not press for an effective hearing in the trial court on Friday.
Former
Additional Solicitor General Mukul Rohatgi, appearing for Google India,
said the postings of "obscene, objectionable and defamatory" articles
and other things cannot be filtered or monitored.
"No
human interference is possible, and moreover, it can't be feasible to
check such incidents. Billions of people across the globe, post their
articles on the website. Yes, they may be defamatory, obscene but cannot
be checked," he said.
Rohatgi tried to distinguish between Google India and its US-based holding company Google Inc.
"The
US-based Google Inc is the service provider and not me (Google India)
and hence, we are not liable for the action of my holding company.
Moreover, it is criminal case where a vicarious liability can be
fastened on a company which has no role, whatsoever, in the alleged
offence."
Google
India, which is not a service provider, is a subsidiary of Google Inc
and is a separate entity distinct from its holding US-based firm, said
Rohatgi.
"Google
India is a subsidiary of Google Inc and has a separate legal identity.
Moreover, it is not bound by the acts or offences committed by its
holding company," he said.
Even
Google Inc cannot be held accountable for the acts of third parties who
simply used the websites for posting or publishing "obscene or
objectionable" materials, he said.
"We
cannot control billion minds. Some are conservative, some are liberal
and some write all the defamatory and obnoxious articles on web pages.
There is a procedure for getting them removed," he said.
So
far, it was nobody's case that either the complainant or the government
approached the service provider seeking removal of the alleged
defamatory material from websites.
Another
advocate N K Kaul, appearing for Google India, said "nobody has done
the homework. With great respect, neither the complainant nor the trial
judge did the homework before setting the criminal law into motion."
Search engines like Google India did not host material and it simply takes a netizen to his destination, he said.
He
assured the court that if the complainant provides defamatory articles
to Google India, then it can use its good office in getting them removed
by its holding US-based firm.
Additional
Solicitor General (ASG) A S Chandhiok, appearing for the Centre,
objected to the plea of Google India saying the US-based Google Inc has
sufficient mechanism to know that what is offending material.
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