DesiPundit » Law

Whither the Moral Right of Attribution?

Patrix — Mon, 04 Jan 2010 21:48:43 +0000

Firstly, the US does protect moral rights to a limited extent, through VARA. Secondly, and more importantly, should we base all law making only on economic rationales. What about morality? Fairness? Justice? Shouldn’t these be legitimate ends to be pursued by law and law making? Or should our lens be a predominant economic one, ala the US?

The Law and Other Things blog takes a look at the 3 Idiots copyright controversy.

The fact of the matter is, Bhagat is complaining that he did not get a proper story credit, but was mentioned only in the credits in the end. The fact of the matter also is, Chetan Bhagat is an MBA from India’s top school, and worked many years as an investment banker. And no matter what the other failings of i-bankers are, they are expected to understand contracts. To read and interpret contracts. And to realize, that if you are not happy with something in the contract, you don’t sign it.

Gaurav Sabnis takes a simpler stance and faults Chetan Bhagat for not ensuring he signed a stronger contract.

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India’s Abu Ghraib?

Patrix — Sat, 10 Oct 2009 17:31:12 +0000

Joel Elliott, an American freelance journalist working as a “staff writer” at Caravan magazine in Delhi since May this year, has been the subject of a bizarre torture incident. According to a signed statement issued by Elliott, a recipient of the Payne Award for courage, he was assaulted by Delhi police personnel on the morning of October 6, allegedly for “trying to steal a taxi”, while in fact he was only seeking cover from the rampaging cops who were pounding some other person.

San Serif points us to a shocking torture incident of a U.S. journalist. Beware! Graphic pictures [via Gautam John on Twitter]

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Homophobia

IdeaSmith — Mon, 20 Jul 2009 13:29:07 +0000

Section 377 may have been overthrown but Sam says that homophobia is still thriving. Coming out of the closet still isn’t as feasible when you consider the stigma that people still carry in their minds and the very real attacks on the gay community.

Last week in Delhi, an openly homosexual man was slashed by a guy representing a religious group, in front of everyone at a gay party. (You can read the write up of the victim’s partner here.) Even though homophobia was rampant in Indian society, the recent advancements in the gay rights movement has angered many and in turn raised this hatred to an entirely new level.

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“I don’t have a problem with homosexuals. Do you?”

Patrix — Thu, 09 Jul 2009 13:45:58 +0000

So the judgement has not come in your favour.
What can you do when the judge does not even taken notice of what you have put forth as evidence? There is just one paragraph in connection with the averments made by us. There is massive propaganda from the other side, that they are being harassed under 377. In my 35 years in the IPS I saw not a single case registered under 377 and no case of police harassment.

If it is not used what’s the point in having it?
It is a paper tiger. It inhibits people from freely becoming homosexuals.

Shivam Vij talks to Bharatendu Prakash Singhal, a retired IPS officer and a former BJP Rajya Sabha MP who is preparing to appeal against decriminalization of gay sex by the Delhi High Court in the Supreme Court.

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Parsi by Patriarchy

Dilnavaz Bamboat — Tue, 02 Jun 2009 05:48:01 +0000

I CAN SAFELY—and with some amount of pride— say that I belong to one of India’s most emancipated and socio-economically advanced communities. As a Parsi, especially one born and bred in South Bombay (most Indian Parsis live in Bombay, and most Bombay Parsis live in its southern areas), it is near…

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My God!

Patrix — Thu, 28 May 2009 11:00:36 +0000

The reporter reports whatever the cop says. The entire report is based on opinion. One cop’s opinion. No doctors are quoted. Further details of the post-mortem report are not revealed. The girl’s family is not quoted, not even with reference to the child’s history of heart disease.

Annie reveals the horrific negligence of duty, ethics, and good ‘ol journalism in the story of seven-year-old girl found dead inside a politician’s car.

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Who is the Sleaziest of Them All?

Guest Contributor — Fri, 24 Apr 2009 05:00:37 +0000

Shilpa Phadke, Anjali Monteiro and K P Jayasankar ask why the reportage of the recent sexual assault of a young woman plumbs new depths in insensitive, unethical and sleazy journalism.
THE PRINT MEDIA has, on many occasions, been a good friend to the women’s movement. By giving space to gender…

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PUCL-K Report: Cultural Policing in Dakshin Kannada

Anindita Sengupta — Mon, 20 Apr 2009 08:25:55 +0000

THE PEOPLE’S Union for Civil Liberties, Karnataka (PUCL-K), has put together a very comprehensive report on Cultural Policing in Dakshin Kannada. The fact-finding team (which included our contributor Usha BN) traveled to Mangalore and conducted extensive interviews with key groups, activists,…

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The Anti-Defection Law Elections

Patrix — Wed, 15 Apr 2009 14:54:25 +0000

Popularly known as the Anti-Defection Law, the Tenth Schedule was written into the Constitution by the government of Rajiv Gandhi in 1985. The schedule mandates the disqualification from parliament of any member who votes against his party’s whip. Supported by many Indians, this law was originally conceived to control rampant defections by members of India’s parliament and state assemblies in order to save or bring down governments.

Why are Indian elections so different from rest of the world? Kunal points to the Anti-Defection Law and its consequences, intentional or not.

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Responding to the Bangalore Attacks

Guest Contributor — Wed, 04 Mar 2009 05:57:40 +0000

By Maraa
Seven attacks in the last ten days! In response to the recent attacks against women in the city of Bangalore, many individuals and organisations have come together to form FEARLESS KARNATAKA or Nirbhaya Karnataka to reclaim public spaces and promote safety for all.
In the wake of a series…

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Free to blog but held accountable

Patrix — Wed, 25 Feb 2009 19:09:52 +0000

One important aspect which is perhaps easy to lose sight of in this debate is that the Supreme Court did not weigh in on the guilt or lack of it in this case, but on the fact that the person could not shy away from the responsibility to face the charges in a court. What should also be noted is that the underlying case is a criminal case and not for civil liability or libel.

Dhananjay Nene examines few implications of the recent Supreme Court ruling against the 19-year-old Orkut user. He identifies several ways by which ‘offended’ plaintiffs can intimidate bloggers by merely filing suit.

My concern is the frivolity of claims that might pop up on grounds of ‘hurting public sentiment’. As the recent Billu Barber issue shows, it doesn’t take much to offend someone from a billion-plus population. Will valid criticism against political parties or companies be squelched under this pretext?

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Supreme Court Ruling on Blogger Rights

Patrix — Tue, 24 Feb 2009 19:28:29 +0000

Bloggers may no longer express their uninhibited views on everything under the sun, for the Supreme Court said they may face libel and even prosecution for the blog content.

It will no longer be safe to start a blog and invite others to register their raunchy, caustic and even abusive comments on an issue while seeking protection behind the disclaimer — views expressed on the blog are that of the writers.

This chilling warning emerged as a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam refused to protect a 19-year-old Kerala boy, who had started a community on Orkut against Shiv Sena, from protection against summons received from a Maharashtra court on a criminal case filed against him [source].

A recent Supreme Court ruling seeks to alter the way we blog or even perceive bloggers [hat tip: Rahul]. Given the recent NDTV v. Chetan Kunte issue, we find these developments disturbing not only from the perspective of freedom of speech but also in terms of implications for political discourse and reasoned debate.

We are seeking suggestions to address these concerns especially from a legal perspective. Moving beyond rants against the SC ruling, we would appreciate if you could offer any suggestions to tackle efforts at controlling our blogging rights. This ruling not only affects bloggers but all netizens who comment on forums and Facebook/Orkut communities. You are free to share your suggestions through your personal blogs; if you do please send us your links. Any suggestions from lawyer-bloggers would be greatly appreciated.

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Libel and the Truth Defense

Patrix — Mon, 02 Feb 2009 19:40:41 +0000

“Yeah and their old laws. Anyway, I don’t think there is any country where truth is not an absolute defense”

“There is”

Google and Wikipedia time. I lost the bet. The country is Philippines. In the Philippines, truth is only part of the defense – in addition to showing the statements were true, the defendant will have to prove that matter charged as libelious was made with good motives and justifiable ends.

In the true spirit of xkcd and inspired by the recent NDTV v. Chetan Kunte brouhaha, Veena spends time online digging up information on libel laws in different jurisdictions. The real trouble is when the defendant is in one country with his content hosted on servers in a second country and is being sued by the plaintiff in a third country. So which laws apply? Anyway, none of the plaintiffs even want the cases to go to court when simply the threat of a lawsuit can achieve desired results, right?

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Petition against Insensitive Reporting

Patrix — Mon, 02 Feb 2009 15:05:28 +0000

Vishal Dadlani (music director), had created an online petition against the insensitive reporting of the Mumbai terror attacks by many TV news channels. The petition was signed by thousands and was eventually submitted to the Bombay High Court on November 30, 2008.

Vijayendra informs us of an important update to the above-quoted petition. Mind you, we do not support any kind of curbs or regulations on media coverage especially by the government and simply expect the media to hold themselves to higher standards and not attempt to clamp down on bloggers expressing their opinion.

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Unanswered Questions in the NDTV Saga

Patrix — Fri, 30 Jan 2009 23:56:11 +0000

Let us assume for the sake of argument that what Kunte wrote was indeed libelous, and something that required strong action. If so, why is NDTV mum on it after all this while? The story has certainly spread in the Indian blogosphere like wildfire. NDTV and/or Barkha Dutt should have, by now come out with at least a statement on this whole issue to present their side of the story. If they are convinced they have done nothing wrong, why not come out and proclaim their innocence?

Gaurav wants to know why Barkha Dutt and NDTV are silent on this whole issue especially if they want to send a message that so-perceived libelous posts will be dealt harshly.

It’s also a sad day for the media fraternity because Kunte was being threatened of libel for making legitimate criticism about an issue of public concern. Freedom of speech is the foundation of a functioning democracy, and the law of libel shouldn’t be used to stifle expression of an opinion that could have taken the debate forward.

Binu Karunakaran at Counter Currents reminds Barkha of her Independence Day-eve column in Khaleej Times on resisting a code for conduct for the media and asking to be scrutinized just as she does to the rest. As Binu says, we just want Barkha now to walk the talk.

But the fact remains that the Navy Chief has uttered those damaging words, and despite NDTV’s letter asking “for an immediate retraction from the Navy” and “officially [complaining] that the comments amount to defamation,” no such retraction appears to have been made by the Navy (at least to my knowledge).

Abi takes a look at the real reason Chetan was sent the legal notice – the acussation on Wikipedia concerning Barkha Dutt’s Kargil coverage and finds that not everything is as NDTV wants us to believe. Check out this interesting comment by ‘Army Officer’ who asks interesting questions about the above mentioned accusation and Barkha’s defense.

The main criticism that I saw everywhere was that your coverage of the movements of the police, army, commandos and others was aiding the enemy. So I was happy to see this morning that you are finally taking on the enemy. An enemy, furthermore, that nobody had previously identified: one Mr Chyetanya Kunte, a blogger. He apparently made critical statements of NDTV, and, particularly, of you. The nerve.

Rahul Siddharthan writes a fan letter to Barkha Dutt.

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Blogger Silenced by NDTV

Patrix — Thu, 29 Jan 2009 02:46:04 +0000

Terrorist attacks in Mumbai. Media reports. Bloggers blog. Twitterers tweet. People don’t like media’s coverage. Bloggers opine and report on media’s role. Media sues blogger for libel and defamation. Blogger forced to withdraw ‘offensive’ post.

Regularly Updated Post. Scroll down for updates

Unfortunately for NDTV, other bloggers continue to blog. In strong protest of such intimidation.

What’s appalling is the very bodies who owe their survival to free speech, the very organizations that used free speech to report on the Mumbai attacks, and defended their content as necessary for information dissemination are now against a blogger’s right to free speech.

Shripriya finds this behavior by NDTV unacceptable and accuses them of “violating some journalistic ethic”.

“Mom, tell me, is all criticism libelous? When news channels criticize politicians, is that also libelous? What about news analysis, which is opinion mixed with fact – is that libelous too?”

“No, it is just freedom of speech. ”

Lekhni shares a bedtime story that would perhaps help NDTV sleep better at night if they listen carefully for the moral of the story.

However it pisses me off totally when they indulge in sensational journalism that potentially puts people’s life in peril and then arm twist their way out when a concerned blogger mentions it in his blog.

V.P.Jaiganesh is maha-pissed at NDTV for such strong arm tactics against bloggers who merely are expressing their opinion; just like any other aam aadmi.

The Comic Project channels Ice T in defense of Chetan’s right to express himself.

And here is the clincher: In his rant against the media, Admiral Sureesh Mehta directly alleged that Barkhta Dutt was responsible for death of three Indian soldiers in Kargil operations. Has Admiral Mehta been sued for what Barkha Dutt criticizes as ”defamatory” remarks? No! In fact, all that remark has elicited from NDTV and Barkha Dutt is an advice to read V.P Malik’s book on Kargil war and an ”official complaint.”

Rohit is not surprised by NDTV’s conduct and wonders why other media outlets that have criticized Barkha Dutt and NDTV’s coverage have not been targeted.

How does a Barkha Dutt reconcile her stated respect for criticism with the suggestion that those who don’t like what you do and the way you do it can say it with the remote? What the latter statement reveals is the hypocrisy inherent in the former—no more, no less.

Prem Panicker provides clarifications and highlights the primary issue here concerning Barkha Dutt and NDTV – “lack of grace, this intolerance for criticism, this tendency to the notion that you are immune to the searching examination you subject others to”. Trying to silence bloggers with an opinion with heavy-handed legal stunts doesn’t bode well for their brand.

Which takes us back to the same question: why do they hate us so much? From India Today to TOI to Outlook and now NDTV, the media has on numerous occasions ranted against bloggers with undisguised contempt, which stems from their appalling ignorance of what blogging is all about.

Sandeep asks if the media’s simmering anger against the blogger is somehow responsible for this mess. He has created a Facebook group to express his solidarity with Chetan.

You won’t achieve anything by getting one blogger to withdraw what he typed in the heat of anger. Just like the government of India wouldn’t have achieved anything by blocking one TV news channel. The ‘have lawyers will sue’ attitude won’t help. It will make things worse. For you, me, and everyone else. ‘We the people‘ are pissed. Do you care?

Vijayendra Mohanty reminds NDTV and Barkha Dutt where and why they are wrong in this drama.

Can you imagine if what would have happened if any of the politicians had dared to sue NDTV for libel. Not only NDTV but everyone in English media would be crying fascism like it was Third Reich. This despite the fact that not only a politician has as much right to redressal as NDTV but also he probably has a stronger case for libel against Barkha Dutt (and English media) than Barkha Dutt has against Chyetanya.

Gaurav wonders if Barkha Dutt knows that she too can easily be at the other end of the barrel.

Barkha has earlier covered topics like “regulating blogs” but I sincerely hope that she would also consider making this latest issue a topic of discussion during her next “We The People” debate on NDTV.

Amit Agarwal at Digital Inspiration has a great suggestion – why not debate this issue on Barkha Dutt’s program – We the People – if she thinks it is such a serious issue. I’m sure that’s all what we want – a lively and constructive debate.

This isn’t the first instance of bloggers getting into legal trouble with media companies over their content: as far back as 2005, Mediaah!, a media blog by Pradyuman Maheshwari who recently joined the Exchange4Media Group as the Editor in Chief for Exchange4Media and Impact was forced to shut down after being served a legal notice by the Times of India group. Someone then launched Mediaha, with some of the deleted content.

MediaNama remembers the previous case when a blog was forced down by a media organization. Dragging bloggers into court or threatening to only makes matters worse when things can in fact be amicably settled.

NDTV probably sent the legal notice. Kunte, probably satisfied that the post had done its job by raising awareness, must have agreed to take the post down. But NDTV lawyers, or maybe even Barkha Dutt herself (I don’t know for sure) might have insisted that unless he issues a sniffling apology, they will take him to court and demand crores and crores. And who knows, since they seem to have been following the IIPM playbook so closely, maybe they even tried to contact his employers to pressure him (again, I don’t know if this is true…. just speculating).

Gaurav Sabnis who knows a thing or two about being stifled by large organizations thinks that NDTV and Barkha Dutt made a huge tactical error by making Chetan grovel for forgiveness regardless of what he wrote was right or wrong. As he points out, things are not beyond reproach even now. The fact that a news organization gets so hot and bothered about opinions they don’t like is especially galling.

This post has simply been set up to convey your thoughts to Burkha Dutt and NDTV in a peaceful and respectful manner. The email is not meant to offend Ms. Barkha Dutt but to simply express your displeasure hence the body of the email is non-editable.

Aditya has set up a simple un-editable message that can be emailed to Barkha Dutt. If you agree with the content, fill in your details and hit send.

Media organizations need to accept that bloggers will watch them and criticize them, whenever they make a mistake. Many journalists, some of whom are bloggers themselves, welcome this reality and even see the blogosphere as a realization of Habermas‘ public sphere. Some journalist disagree. Shobhan Saxena at TOI has called blogs “rubbish” and Barkha Dutt herself has previously wondered if blogs should be regulated. The point is that, irrespective of which end of the spectrum they are on, journalists and media organizations will need to accept that blog surveillance is here to stay.

Gaurav Mishra once again underlines the core issue here and also warns bloggers to be aware of libel laws that they may be subject to.

No one creates heroes better and faster than old media. Sometimes, they do it inadvertently. Like in the case of blogger Chetan Kunte (Chyetanya Kunte), who ‘dared’ to question the work of a mainstream media journalist Barkha Dutt of NDTV news channel.

Pramit Singh highlights the irony in this drama that ended up making Chetan Kunte an hero in spite of his inactions against NDTV.

Barkha Dutt and NDTV simply failed to learn from the groundswell of opinion against their coverage and instead chose to intimidate a lone blogger using legal tactics. That is the core issue here. How does this affect their brand and bottomline? Check out Placid Freedom’s post on his disillusionment with NDTV after this incident.

Tell me again, if taking action against Chetan for his so-called libelous statements has now enhanced Barkha Dutt’s reputation. In fact, the opposite may be true now. Especially so as Amrutha says, when NDTV themselves have been guilty of transgressions that they accuse Chetan of and yet no apology has been forthcoming as yet.

you may want to know that the author of this email- a certain Mr. Kunte who lives in Holland.. has been sent a legal notice by NDTV for the rubbish and lies peddled in this email.

From the horse’s mouth. Rohit discovers on a Facebook group that Barkha Dutt admits that NDTV has in fact sent a legal notice to Chetan Kunte. Feel free to join in the discussion with Barkha.

Bloggers value their opinions, but do not always feel obliged to back up those opinions with the necessary rigour to support and substantiate them. It is time that this obligation was picked up and applied to blogposts in the same way as columns and news reports do.

Sumant wants bloggers to be more careful about what they write. But if NDTV really wanted Chetan to be a better blogger, they would have asked him to remove the offending statements [quoted from Wikipedia] and let him retain the rest of the post that expressed his opinion. It is not just the ends but also the means that indicate the intent of their actions.

One day, when Her Shrillness was out playing in the garden, she spotted a globber lurking in the shrubbery. Quick as a newsflash, she had the globber captured by her guards, and brought him before the High Council. When the High Council told her that no, she couldn’t have his head cut off (only her cousin, the Red Queen, could use that head line), she proceeded to whine and pout until the poor globber agreed to issue a public apology for the things he’d said about her

Falstaff weaves a ‘fictional’ tale about the oh-so-almighty Hark! DaButt and her quest for conquering the truth. He even has a voluntary notice to prevent Hark! DaButt from suing him.

Feel free to send us your posts if you choose to write on this issue.

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The Survivors’ View on Domestic Violence

Ra — Fri, 16 Jan 2009 12:38:19 +0000

Recently Terri’s Mom wrote a post Potable Poison describing the sadness of seeing men drink themselves to death in India and the suffering of their wives, who are at the receiving end of a lot of abuse. The Mad Momma also had a post on Domestic Violence.
The question arises, time and again,…

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Ghalibs for our time

Ra — Wed, 14 Jan 2009 19:20:13 +0000

I am interested in hybrid religious practices, because of a variety of factors, my family background, my own faith, that is rooted in Hinduism but borrows from other religious ideas, India, it’s history…
A few months ago when the debates on religion were going on in the blogosphere I…

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Everything can be forged?

Patrix — Wed, 07 Jan 2009 16:31:57 +0000

What can be a “credible” evidence? The answer is simple. Nothing can be a “credible” evidence. Because the word “credible” involves mutual trust. Since all possible evidences can be forged, so “credibility” of each evidence can always be questioned. The other factor is equally important – the desire to investigate. Everyone knows that Pakistan is lacking in this front – so we can’t expect anything else.

Diganta at The New Horizon dismisses Pakistan’s claim of forged evidence by digging up legal precedents especially with GPS and phone intercepts (some even in Pakistan) used in prosecuting the accused [via]. My question is why does India have to bend over backward displaying any evidence we have?

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Think before you blog!

Nikhil — Sun, 16 Nov 2008 18:26:57 +0000

2. Anonymous name : Being anonymous or not revealing your true identity does not guarantee anonymity. It just takes a couple of hours to track anyone down on the internet. Sad but true. (Unless you are a hacker. Not someone who just took a course in ethical hacking with Ankit Fadia. An experienced one. Even then I am not too sure.)
3. More keywords : Use keywords like ‘allegedly’ and ‘citation needed’ in case it is something you overheard, like rumours.

In a recent incident a blogger landed in trouble for writing about the Kurla Best Bus Encounter. Deepak Iyer writes about the points to note while writing such posts.

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