Google India Faces Defamation Suit

Bombay High Court has ordered Google to disclose the identity of a blogger who allegedly had criticized a Mumbai based construction company. The judgment has come in pursuance of a suit filed by Mumbai-based Gremach Infrastructure Equipments & Projects Ltd. Appellant in the plea had demanded for Google’s discloser of the name of the person who had criticized them using Google'sblogging service.

Now, if Google does not disclose the name, it could face the charge of defamation. Incidentally, blogger.com offers a facility to a blogger to blog without disclosing real identity. And, in the given case the blogger had used the name ‘Toxic Writer’ and had criticized the said company. Now, the Bombay High Court has asked Google to present the blog written on February 26.

The court observed that there is merit in the contention, and on the basis of the article put up by the defendant on the blog site defamation is apparent. The court further ordered to defendant to reveal the identity of the blogger within four weeks of the order.

My Comment:

This is an absolute case of defamation but based on the definition of the defamation all the conditions of defamation should be met for the court to accept this as defamation. Regardless of the presence of the defamation conditions, what I'm willing to focus here is not the defamation itself but emphasis on role of third parties involved in such issues. As you see here, even the ISP or the facilitator (Google India) is responsible to control and monitor the content of the virtual space it has given to its subscribers/members.

Source: http://www.india-server.com/news/google-india-faces-defamation-suit-3084.html

Pakistan blocks Facebook and Youtube

A Pakistani court ordered temporary blocking of Facebook.com on Wednesday due to the controversies over a competition for caricatures of the Prophet Mohammed. And the next day on Thursday, similar order has been passed for the blocking of YouTube.com… the Pakistan Government has urged the international community to address the issue at the earliest, as it is an extremely sensitive and emotional matter for Muslims across the world.
A statement from the Pakistan Telecommunication Authority (PTA) said that YouTube and Facebook websites were blocked after the government failed to convince them to remove "derogatory material". A webpage called "Ban FACEBOOK in Pakistan" has been set up "to condemn the hypocrisy of FACEBOOK. As it won't delete the hate mongering page called "Everybody Draw Mohammed Day!".
source:http://economictimes.indiatimes.com/infotech/internet/Web-abuzz-over-facebook-ban-in-Pakistan/articleshow/5957676.cms

Annas Khatib sued Adam Abdul Hamid

The former director-general of Malaysian Fisheries Development Authority has filed a libel suit against the authority’s chairman, Adam Abdul Hamid.

Datuk Annas Khatib Jaafar, who retired on April 22, filed the suit through Dasuki and Co at the High Court here yesterday. He is seeking general damages, compensation, and aggravated and exemplary damages.

Annas is also seeking an injunction to restrain Adam from publishing or making statements that would affect him.

He claimed that Adam’s statement to the press last month and what he said in a letter dated Feb 6 to the Anti-Corruption Agency meant that he (Annas) had committed misappropriation of funds with regard to the construction of the authority’s RM55 million new complex at Kuala Kedah, Kedah.

Annas claimed that Adam’s statement also meant that he had committed misappropriation of funds by awarding the project to Pembinaan Zakaria Salleh Sdn Bhd through direct negotiations.
He claimed the allegations made by Adam also meant that the price tag was excessive, that normal tender procedures were not followed, and he did not spend government money economically.

Annas said that it indirectly meant that he had committed corrupt practice by offering the project to Pembinaan Zakaria Salleh.

He claimed that the writing, printing and publication were a vicious attack and campaign to deny him from continuing his term in the administrative and diplomatic service.

Annas alleged that Adam must have known that the allegations were not true as the project was implemented in 2002, long before his appointment as the director-general.

Source: http://www.nst.com.my/Current_News/NST/Wednesday/National/20070509081852/Article

Defamation definition

Defamation Law in Malaysia

What is defamation?

To put it in simple term, defamation occurs when a person expresses words that may lower another person’s reputation in the eyes of the public.

There are two types of defamation in Malaysia: libel and slander.

Libel is when such words are expressed in a permanent form which is usually visible to the eye, like in a book, e-mail or picture.

Slander is when such words are expressed in a temporary form, usually when spoken or made by body movements.


What are the laws governing defamation?

In civil cases of defamation, when a private person sues another private person for defamation, the Defamation Act 1957 is applicable.

In criminal cases of defamation, when the state prosecutes a private person for defamation, Section 499 to Section 502 of the Penal Code is applicable.

What is the punishment if you are held guilty of defamation?

Both libel and slander are civil and criminal offences. Thus, a person who is guilty of libel or slander may be sued in court, and also face jail sentence.

In civil cases, the person so defamed will normally sue the maker of the defamatory words for compensation. The amount of the compensation depends on the damage caused to the reputation of the person suing.

In criminal cases, the punishment for defamation is a jail sentence for a maximum of two years, or a fine, or a combination of a jail sentence and a fine [Section 500-502 Penal Code.

source: http://www.laweddie.com/wordpress/defamation-law-in-malaysia/