Plan to muzzle bloggers sparks outcry

A government proposal seeking to police blogs has come in for severe criticism from legal experts and outraged the online community. The draft rules, drawn up by the government under the Information Technology Amendment Act, 2008, deal with due diligence to be observed by an intermediary.

Under the Act, an 'intermediary' is defined as any entity which on behalf of another receives, stores or transmits any electronic record. Hence, telecom networks, web-hosting and internet service providers, search engines, online payment and auction sites as well as cyber cafes are identified as intermediaries. The draft has strangely included bloggers in the category of intermediaries, setting off the online outcry.

Blogs are clubbed with network service providers as most of them facilitate comment and online discussion and preserve the traffic as an electronic record, but equating them with other intermediaries is like comparing apples with oranges, says Pavan Duggal, advocate in the Supreme Court and an eminent cyber law expert.



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