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Can't control content, Google, Facebook tell court
Monday January 16, 2012 09:54:48 PM,
IANS
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New Delhi: Google
India and Facebook India Monday again told the Delhi High Court
that it was impossible for them to control content with billions
of people accessing the websites.
The court adjourned till Jan 19 the hearing related to allegedly
objectionable content on 21 websites.
Senior advocate Neeraj Kishan Kaul, appearing for Google India,
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 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 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, said that
Google Inc. and Google India were the same.
He said they (Google India) said they 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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