Blogs Cannot Be Monitored All The Time: Google India
In what seems to be Google’s argument against recent cases for its blogging platform referring to illegitimate and defamatory content, Google India has stated that it cannot monitor its blogging platform all the time in short it cannot be held liable for the content for various reasons.
Google’s argument?
The company has carried its argument to Bombay High Court over an earlier order restraining the company from allowing the publication of defamatory blogs pertaining to a case filed by Dr Ashwin Mehta alleging defamatory views on over 20 blogs on its blogger platform.
It goes on to say,“The blogger service is provided by Google Inc. We (Google India) are not a party to the agreement between Google Inc(USA) and those who use the blog.We have no liability or responsibility for the content of the blog.”
It further argues its case by saying that blog-hosting companies cannot monitor what is posted on blogs all the time.
This means Google India and other foreign online companies owning Indian based subsidiaries can shield itself under their terms and conditions holding their foreign parents liable and devoid itself from any responsibility. This is another way of saying that it does not intend to buckle under government pressure.
What does Google says to its users ?
Blogger Content Policy:
“Our products and services should not be used for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.”
Blogger Privacy Notice:
“Google stores and maintains your account information and copies of your weblog posts and comments, including drafts, in order to provide the service.If you delete your weblog, we will remove all posts from public view. Because of the way we maintain this service, residual copies of your profile information and other information associated with your account may remain on back-up media.”
Blogger Terms of Service:
“if Google is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general Google Privacy Policy. Personal information collected by Google may be stored and processed in the United States or any other country in which Google Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.”
Future repercussions?
In the absence of country wide laws the government may not be able to enforce such conditions in the future unless special laws are created and included holding companies as well as operating Indian subsidiaries liable for the content on their platform. So this statement by google could force the government to seriously consider some sort of legal framework covering online platforms like blogs.
This also makes a case for a fresh argument on the issue of what sort of content could be posted on blogs.The terms and conditions of most such blogging services are mostly tilted towards the blogging companies through their puzzling ToS agreement. A blog was suppose to mean news and personal views by a user on anything but cases of defamatory conent means that the freedom of speech of bloggers seem to be heading for a downturn!
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I have to agree , UGC will be hit and given that freedom of expression is what forms the core of UGC to begin with , its a hit at the foundation so to speak.
I have no issues with actual derogatory content being removed, the problem is that a lot of things might get included under that which dont classify as the same