Most
countries have enacted laws to police online publications that are libellous,
criminal and violate national security interests. Publishing and republishing
such posts and tweets is against the law. Cybercitizens and journalists need to
be aware that republishing posts by “liking”, “retweeting” or copying the
contents in news reports or blogs can also constitute a crime. Unfortunately,
the drafting of these cyber laws have introduced a level of subjectivity in
their interpretation and execution (Redefining
Section 66 A of the IT Act), which can be conveniently misused by third
parties to settle scores and for their political interests.
Last week there was a huge uproar in Mumbai,
India when two young girls were arrested for a Facebook post questioning the shutdown
in Mumbai to mourn the death of a popular political leader. One girl was arrested for writing the
Facebook post and the other for liking it. Both were charged for hurting
religious sentiment, a section which can attract three years of imprisonment. Both these incidents led to a widespread public condemnation
on the way the police interpreted the law, took action and the failure to
dismiss these cases by both the police and judiciary. The political pressure
from the people’s movement resulted in the suspension of the police officer who
registered the case and the transfer of a magistrate who allowed it to proceed without
sufficient assessment of its merits.
From what it
appears, the current case in Mumbai will lead to the adoption of a set of
procedures by the police to filter out frivolous complaints through a process
of validation of such complaints with their legal cell.
Cybercitizens
should bear in mind that the openness of the Internet allows posts to be seen
by a wider audience who may interpret their contents with a vastly different perspective
and motive than your close friends. They
may also use this opportunity to file complaints to further their political
interests, and in the process ensure complete disruption of normal life for the
person who wrote the post. It may be wise to bear in mind that your posts can
be misused by a person you trusted to settle scores or by strangers for their political
interests.
Appropriate
privacy settings and judicious review of what you post and tweet is essential.
I have been harrassed by a cyberstalker also and took the time to collect laws about this subject.
ReplyDeleteGerman, Australian, French,Greek and other laws are here in this Blog:
http://evaniliadisthecriminal.blog.com
Google Inc,Blog.Com, Wordpress and GoDaddy have been strictly adhering when those laws were mentioned in complaints and took down the blogs in question. However,malicioous sociopaths can still evade by changing to Russian or other Webhosts.
http://guenthervomberg.blogspot.com/