India Censorship: Court Tells Facebook Delete “Anti-Religious” Posts

By Eugene Volokh

Hindustan Times (Dec. 24, 2011) reports:

A Delhi Court on Saturday ordered 22 social networking sites, including Facebook, Google, Yahoo and Microsoft, to remove all “anti-religious” or “anti-social” contents in the next one-and-a-half-month[s] ....

Kumar had on December 20 issued summonses to the social networking sites and asked them to remove objectionable photographs, videos or texts that might hurt religious sentiments....

The websites — asked to remove objectionable contents — include Facebook India, Facebook, Google India Pvt Ltd, Google Orkut, Youtube, Blogspot, Microsoft India Pvt Ltd, Microsoft, Zombie Time, Exboii, Boardreader, IMC India, My Lot, Shyni Blog and Topix....

The Times of India reports that the material included “derogatory articles on Prophet Mohammad, Jesus Christ and Hindu gods and goddesses.” “‘The contents are certainly disrespectful to the religious sentiments and faith and seem to be intended to outrage the feelings of religious people whether Hindu, Muslim or Christian,’ the magistrate said.”

The article does not indicate whether this is somehow targeted to Indian-hosted material, or to material being asked using identifiably Indian IP addresses, or whether this would in effect require the companies to delete all material put up by anyone, given that it can potentially be accessed in India. Thanks to Prof. Howard Friedman (Religion Clause) for the pointer.

 
CRW's picture

The freedom of speech and press in the US is unique. No other country has such strong rights and protections. For example, American journalists covering court cases in Canada have gotten in trouble several times for breaking judges orders that would be illegal/unconstitutional in the US. What will happen in India is the same as what happened in China. The companies physically present in India will have to comply, and companies outside India can tell this judge to go to hell.

If India wants to block legitimate content from the US and elsewhere not physically hosted in India, they will have to enact filters... just like China, Turkey, and every other country that actively suppresses freedom of thought and expression.

stockball's picture

I don't know much about India, but I looked up its constitution - the preamble states, "...to secure to all its citizens...Liberty of thought, expression, belief, faith, and worship" - does this freedom not extend to "derogatory articles on Prophet Mohammad, Jesus Christ and Hindu gods and goddesses"?

Old Ogre's picture

You can pick on Muhammad and Allah all you want, but if they lop off your head it’s your own damn fault for doing so. It’s like New York if you don’t like their laws don’t go there! (Just don’t let them come here either please!).

"Those who hammer their guns into plows will plow for those who do not." ~ Thomas Jefferson ~ A mis-quote? Well worth checking out :-)

Old Ogre's picture

What happens in India should stay in India, I hope the US government keeps its nose out of this one!

None of our business! If they want to fight becoming just like us, let them. I for one don't know if we are going in the right direction anymore either!

"Those who hammer their guns into plows will plow for those who do not." ~ Thomas Jefferson ~ A mis-quote? Well worth checking out :-)

LightBringer's picture

India needs Google far more than Google needs India. All of the sites named in that judgment should completely pull out of India and send a message to that moron judge that freedom of expression is far more important than insulting someone's favorite mythology or collection of pet fairy tales. If you get your feelings hurt because I've just insulted your imaginary friend then tough. I personally will never stop being an heretic and blasphemer no matter what laws they pass...if that makes me a scofflaw then so be it! Hell, I wouldn't be a bit surprised if what I said about that moron judge being a moron ended up eventually hurting his delicate little feelings. Next thing you know, this dimwit will want to make insults illegal! BTW, the insults in this comment are obviously not statement's of fact but rather my personal opinion regarding the judge in question. I wouldn't however be a bit surprised if facts were to surface supporting my suspicions of this guy.

I loathe god, denounce the holy ghost, reject the salvation of jesus, and I encourage others to do the same" - LightBringer ........"Men will never be free until the last king is strangled with the entrails of the last priest" - Diderot

Sign up for the OV Daily Newsletter

 

randomness