Using law to bully comedians
10 years, 1 month ago

Using law to bully comedians

The Hindu  

A law teacher has joined the league of self-appointed censors after watching the controversial AIB Knockout roast video. The ‘safe harbor’ in the amended IT Act ensures that law criminalising content like obscenity cannot be used to punish a platform like YouTube if it is unaware that it is hosting illegal content. The reason that the ‘safe harbor’ clause is necessary is that social networks, online auction platforms and video hosting services handle a very large volume of content. The U.K. government learned this in a very public and embarrassing way when what is known as ‘David Cameron’s porn filter’ resulted in blocking legitimate content, including information on rape crises, sex education and breastfeeding. In Ranjit Udeshi v. State of Maharashtra, which dealt with questions of constitutional protection of allegedly obscene speech, the Supreme Court suggested that the court must “apply itself to consider each work at a time.” The necessity of judicial review was stated more baldly in Chandrakant Kalyandas Kakodar v. State of Maharasthra in which the Supreme Court said, “whether the book or article or story considered as a whole panders to the prurient and is obscene must be judged by the courts and ultimately by this Court.” Mr. Vaswani and Dr. Ghuge’s demands would involve either the government or private parties making these critical decisions about speech.

History of this topic

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