Bloggers in India Beware: You are Responsible for Comments Posted on your Blog

Written by Amit Agarwal on Feb 24, 2009

blogger case in supreme courtIn what could turn out to be a landmark case, the Supreme Court of India has said bloggers may face libel and even prosecution for the entire contents of their blog, including user submitted comments.

It started when 19 year old Kerala resident Ajith D started an Orkut community against Shiv Sena that received several anonymous posts leveling certain allegations at the party. The Shiv Sena youth wing registered a criminal complaint, and Ajith was served a summons by a Maharashtra court to appear for the hearing.

Ajith got anticipatory bail from the Kerala High Court and moved the Supreme Court seeking quashing of the case.   The Supreme Court rejected the plea stating that Ajith was responsible for all the comments posted on the community and must explain his conduct in the Maharashtra court.

So if you’ve been hoping that the disclaimer – “All comments are views of users” – would save you from a legal tangle, you might want to follow this case very closely.

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