It is a commonly known fact that companies like Google, Facebook, etc are actively and openly violating the laws of India. It is equally well known that Indian government is just a moot spectator and helpless victim in this entire scenario. Since there is no techno legal framework that India can enforce, these companies are enjoying the profitability without any accountability towards Indian laws.
Basically, these companies are taking undue advantage of the conflict of laws in cyberspace. However, this sort of chaos and anarchy is not at all possible without active support of Indian government and this is exactly what is happening. Now Google’s online defamation case of India has reached the Supreme Court of India for hearing, something can be done on the judicial side as Indian government had miserably failed to curb this nuisance.
The Bangalore cyber crime cell is presently trying to track few online offenders at Facebook that have violated Indian laws. However, Facebook is not at all cooperating with the Bangalore police and this is hampering the cyber crime investigation. By citing the privacy policies and United State’s laws, companies like Google and Facebook are actually hampering Indian cyber crime investigations. Facebook sometimes declines information if a post is older than a month. They also insist on a letter rogatory procedure in some cases, informs D Roopa, DIG (economic offences), CID, Bangalore.
In a recent case, members of a trust in Mysore had filed a complaint, saying someone was posting objectionable comments on a fake Facebook account. The trust realised it was a fake account only when false allegations were being made through the account. Facebook sought a letter rogatory to give out the IP (internet protocol) address and other details. Facebook’s India office in Hyderabad does not provide details, and refers complaints to its US centre.
We at Perry4Law have been suggesting for long that all Subsidiary/Joint Ventures Companies in India, especially those dealing in Information Technology and Online Environment, must mandatorily establish a server in India. Otherwise, such Companies and their Websites should not be allowed to operate in India. The Ministry of Home Affairs, India and Intelligence Bureau (IB) are already exploring this possibility.
A “Stringent Liability” for Indian Subsidiaries dealing in Information Technology and Online Environment must be established by Laws of India. More stringent online advertisement and e-commerce provisions must be formulated for Indian Subsidiary Companies and their Websites.
The sooner these suggestions are implemented by Indian government the better it would for the law and order situation of India.