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There are lot of confusions going on relating to the newly introduced ITRules2021 which has come on 25th February, 2021 and since 25th May, 2021 there are lot of gossips and fake news going on and the read more
There are lot of confusions going on relating to the newly introduced ITRules2021 which has come on 25th February, 2021 and since 25th May, 2021 there are lot of gossips and fake news going on and the questions before the people of India at large are:
Whether Facebook, Twitter,
WhatsApp etc. social medias going to be banned?
Whether our private call, chat
etc. data are read secretly without our permission?
What is there in IT Rules,2021
or Information Technology (Intermediary Guidelines And Digital Media Ethics
Code) Rules, 2021?
As per Press Information
Bureau, Government of India, we find the following
statistics:
The Users of various
significant social medias: -
• WhatsApp users:
53 Crore
•
YouTube users: 44.8 Crore
•
Facebook users: 41 Crore
•
Instagram users: 21 Crore
•
Twitter users: 1.75 Crore
RECENT CASES –
In one recent case i.e. FACEBOOK INC. VERSUS UNION OF INDIA &
ORS., the issue relating to how and in what manner the intermediaries
should provide information including the names of the originators of any
message/content/information shared on the platforms run by these intermediaries
and decryption
of end-to-end encrypting chat-messengers who are to provide data in time of
investigation etc. were raised and the question of any Rule to that effect was also
discussed.
Making of
the Rule…….
The Central Government introduced Information Technology
(Intermediary Guidelines And Digital Media Ethics Code) Rules, 2021 due to –
Ø Large scale proliferation of social media
by empowering the citizens and simultaneously rise of serious concerns and
consequences which have grown manifold in recent years.
Ø Continuous spreading of fake news, abuse
of social media in many ways attacking women by way of revenge porn, rivalries
in abusive language, defamatory and obscene contents and blatant disrespect to
religious sentiments.
Ø Skyrocketing misuse of social media by
criminals, anti-national elements.
Ø Lack of control on OTT platforms, web
series, etc.
Key Features of the IT Rules 2021 -
As per PIB,
Government notifies Information Technology (Intermediary Guidelines and Digital
Media Ethics Code) Rules 2021 for the following purposes –
v
Social media platforms were welcome to do
business in India but they need to follow the Constitution and laws of India
v
Social media platform can certainly be
used for asking questions and criticism.
v
Social media platforms have empowered
ordinary users but they need accountability against its misuse and abuse
v
The new Rules empower ordinary users of
social media, embodying a mechanism for redressal and timely resolution of
their grievance
v
Rules about digital media and OTT focuses
more on in-house and self-regulation mechanism whereby a robust grievance
redressal mechanism has been provided while upholding journalistic and creative
freedom
v
The proposed framework is progressive,
liberal and contemporaneous
v
It seeks to address peoples’ varied
concerns while removing any misapprehension about curbing creativity and
freedom of speech and expression.
v The guidelines have been framed keeping in mind the
difference between viewership in a theatre and television as compared to
watching it on Internet.
Various
Parts of the Rule relating to Executing Authority:
The Rule has following three parts:
i)
PART I: PRELIMINARY.
ii)
PART II: DUE DILIGENCE BY INTERMEDIARIES AND GRIEVANCE REDRESSAL MECHANISM.
iii)
PART III: CODE OF ETHICS AND PROCEDURE AND SAFEGUARDS IN RELATION TO
DIGITAL MEDIA.
Needless
to say, Part- II of these Rules shall be administered by Ministry of
Electronics and IT, while Part-III shall be administered by the Ministry of
Information and Broadcasting.
PART II:
DUE DILIGENCE BY INTERMEDIARIES AND GRIEVANCE REDRESSAL MECHANISM
The
present much-discussed law has its strong background in the following laws of
India:
ü
Section 5(2) of Indian Telegraph
Act 1885 :
Power for Government to
take possession of licensed telegraphs and to order interception of messages.
ü Section 69 of
Information Technology Act, 2008 :
Power to issue directions for interception
or monitoring or decryption of any information through any computer resource.
ü Section 69A of
Information Technology Act, 2008 :
Power to issue directions for blocking for
public access of any information through any computer resource.
ü Section 69B
of Information Technology Act, 2008 :
Power to authorise to monitor and collect
traffic data or information through any computer resource for cyber security.
In this
present IT Rules 2021, we can find Digital Media Ethics Code concerning Digital
Media and OTT Platforms which is to be administered by Ministry of Information
and Broadcasting.
For example,
the OTT platforms have to classify their contents in terms of age as follows
Ø
U (Universal),
Ø
U/A 7+,
Ø
U/A 13+,
Ø
U/A 16+, and
Ø A (Adult).
Three-level
Grievance Redressal Mechanism:
For ensuring
observance and adherence to the code Ethics by publishers operating in the
territory of India, and for addressing the grievances made in relation to
publishers under this Rule, there shall be a three-tier structure as under –
Ø
Level-I: Self-regulation by the
publishers;
Ø
Level-II: Self-regulation by the
self-regulating bodies of the publishers;
Ø
Level-III: Oversight mechanism by the
Central Government
72 Hrs.
Compliance to provide data to Government Agencies:
Intermediary
shall, as soon as possible, but not later than seventy-two hours of the receipt
of an order, provide information under its control or possession, or assistance
to Government agency.
24 Hrs. to
remove obscene materials etc.:
As per the
Section 3(2)(b) of this Rule, the intermediary shall, within twenty-four hours
from the receipt of a complaint made by an individual or any person on his
behalf under this sub-rule, in relation to any content which is prima facie in
the nature of any material which exposes the private area of such individual,
shows such individual in full or partial nudity or shows or depicts such
individual in any sexual act or conduct, or is in the nature of impersonation
in an electronic form, including artificially morphed images of such
individual, take all reasonable and practicable measures to remove or disable
access to such content which is hosted, stored, published or transmitted by it.
Some
important provisions:
Rule 3(1) :
What should not be published etc.
As
per Rule 3(1) the intermediary shall not host, display, upload, modify,
publish, transmit, store, update or share any information that,
(i)
belongs to another person and to
which the user does not have any right;
(ii)
is defamatory, obscene, pornographic,
paedophilic, invasive of another’s privacy including bodily privacy, insulting
or harassing on the basis of gender, libellous, racially or ethnically
objectionable, relating or encouraging money laundering or gambling, or
otherwise inconsistent with or contrary to the laws in force;
(iii)
is harmful to child;
(iv)
infringes any patent, trademark,
copyright or other proprietary rights;
(v)
violates any law for the time
being in force;
(vi)
deceives or misleads the addressee
about the origin of the message or knowingly and intentionally communicates any
information which is patently false or misleading in nature but may reasonably
be perceived as a fact;
(vii) impersonates another person;
(viii) threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign States, or
public order, or causes incitement to the commission of any cognisable offence
or prevents investigation of any offence or is insulting other nation;
(ix)
contains software virus or any
other computer code, file or program designed to interrupt, destroy or limit
the functionality of any computer resource;
(x)
is patently false and untrue, and
is written or published in any form, with the intent to mislead or harass a
person, entity or agency for financial gain or to cause any injury to any
person;
It is further to be mentioned that as per the Rule 3 of IT Rules
2021, intermediaries have to preserve Evidence or retain Data for 180
Days.
In
this Rule the social media has been divided into two parts, they are:
1)
Significant social media intermediary.
2)
Social media intermediary.
Significant social media intermediary being social medias who have
large scale users above a threshold numbers should appoint and maintain following
personnel to redress various issues relating to the law of the land: –
v
Chief Compliance Officer,
v
A nodal contact person needs to be appointed for 24x7 to coordinate
with law enforcement agencies.
v
A Resident Grievance Officer.
Identification of the First Originator for messaging Apps like
WhatsApp etc.
As stated
in the Rule 4(2), a significant social media intermediary providing services
primarily in the nature of messaging shall enable the identification of the
first originator of the information on its computer resource as may be required
by a judicial order passed by a court of competent jurisdiction or an order
passed by the Competent Authority under section 69 of the Information
Technology (Procedure and Safeguards for interception, monitoring and
decryption of information) Rules, 2009, which shall be supported with a copy of
such information in electronic form.
“Safe-Harbour
Protections” under Section 79 of the IT Act and Proviso
Clauses:
There are lot of debate with respect to the instant messenger like
WhatsApp etc. whether the privacy they offered by way of end-to-end encryption
will be violated. But if one studies the proviso clauses of this 4(2) of this Rule, it will be clear that nothing of
that sort has been there and on the contrary the messages or chat can not be intercepted
or to be taken.
Consequence of Non-Compliance –
There are lot of uproar that various social media giant will be
banned is absolutely false but after this Rule came into being they have to
face rigours of law as provided in Rule 7.
Rule 7 specifies
the consequences of Non-observance of Rules: Where an intermediary fails to observe these rules, the provisions of
sub-section (1) of section 79 of the Act shall not be applicable to such
intermediary and the intermediary shall be liable for punishment under any law
for the time being in force including the provisions of the Act and the Indian
Penal Code.
Few Other Important Issues:
Ø PART III of this Rule relates to Code of Ethics and Procedure And Safeguards In
Relation To Digital Media
Ø This Rule specially Rule 16 provides for Blocking of
information in case of emergency
Ø This Rule specially Rule 18 provides for Information
to be Furnished within 30 days by the Publishers.
Ø This Rule provides the details of what should be there
in Code of ethics.
Ø CODE OF ETHICS contains: –
Rules for News and current affairs:
ü
Norms of Journalistic Conduct of the Press
Council of India under the Press Council Act, 1978;
ü
Programme Code under section 5 of the
Cable Television Networks Regulation) Act,1995;
ü
Content which is prohibited under any law
for the time being in force shall not be published or transmitted.
ü
General
Principles on Online curated content which contains Content Classification which may be on the basis of:
i)
Themes and messages;
ii)
Violence;
iii)
Nudity;
iv)
Sex;
v)
Language;
vi)
Drug and substance abuse; and
vii)
Horror as described in the Schedule, as
may be modified from time to time by the Ministry of Information &
Broadcasting.
GENERAL GUIDELINE FOR CLASSIFICATION OF FLIMS AND OTHER
ENTERTAINMENT PROGRAMMES, INCLUDING WEB BASED SERIALS:
This Rule relates to guidelines comprises of issues and concerns
that apply in varying degree to all categories of classification and elaborates
the general approach that may be taken in this regard to the same. The concerns
are listed as follows:
(a) DISCRIMINATION
(b) PSYCHOTROPIC SUBSTANCE, LIQUOR, SMOKING and TOBACCO
(c) IMITABLE BEHAVIOUR
(d) LANGUAGE
(e) NUDITY
(f) SEX
(g) VIOLENCE: Classification decisions shall take account of the
degree and nature of violence in a work
Recent
observation –
Recently
the Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021 has been challenged before the Hon’ble Kerala High Court.
Hence
after perusal of the above Rule in my humble opinion, there is nothing which
will going to ban the various popular social medias and there is nothing of
unlawful interception of data. The rift for unlawful and lawful interception was,
is and will always be there and everything depends upon how our law enforcement
authorities will implement the Rules.
Sources:
1.
https://pib.gov.in/PressReleseDetailm.aspx?PRID=1700749
2.
https://www.meity.gov.in/writereaddata/files/Intermediary_Guidelines_and_Digital_Media_Ethics_Code_Rules-2021.pdf)
Information Technology (Intermediary Guidelines and Digital Media Ethics Code), Rules, 2021 (“#InformationTechnologyRules, 2021”) have been notified vide Notification dated 25-02-2021 by the Ministry read more
Information Technology (Intermediary Guidelines and Digital Media Ethics Code), Rules, 2021 (“#InformationTechnologyRules, 2021”) have been notified vide Notification dated 25-02-2021 by the Ministry of Electronics and Information Technology (“#MEIT”). The Information Technology Rules, 2021 was framed in exercise of powers under Section 87 (2) of the Information Technology Act, 2000 (“#I.T. Act”) and in supersession of the earlier Information Technology (Intermediary Guidelines) Rules 2011, which came into effect from 26-05-2021.
To read more, please visit the link below:
#itrules #infromationtechnology #digitalmedia
The Hon’ble Justice C. Hari Shankar of the #DelhiHighCourt has in a recent case of Raaj Unocal Lubricants Limited Vs Apple Energy Pvt Ltd & Anr passed a Judgment dated 25-05-2021 and decided upon read more
The Hon’ble Justice C. Hari Shankar of the #DelhiHighCourt has in a recent case of Raaj Unocal Lubricants Limited Vs Apple Energy Pvt Ltd & Anr passed a Judgment dated 25-05-2021 and decided upon the issue of grant of #antisuit #injunction against #foreigncourt proceedings in #trademark #infringement matter.
To read more, please visit the link below:
#delhihighcourt #injunction #suit #foreigncourt #trademark #infringement
The Vacation Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dinesh Maheshwari and Aniruddha Bose passed an Order dated 18-05-2021 in the case of Jagjit Singh v. The State of Punjab read more
The Vacation Bench of the Hon’ble #SupremeCourt of India comprising of Justices Dinesh Maheshwari and Aniruddha Bose passed an Order dated 18-05-2021 in the case of Jagjit Singh v. The State of Punjab {Special Leave to Appeal (Crl. No(s). 3583/2021} and held that apart from being liable under the provisions of the Information Technology Act, 2005 (#IT Act), a person shall also be liable under the provisions of the Indian Penal Code, 1860 (#IPC) for offences such as #hacking, #datatheft etc.
To read more, please visit the link below:
#supremecourt #hacking #datatheft #itrules
We have been hearing about cybersecurity vulnerabilities at every other organization in every newspaper we've opened in recent days. Even well-known technology companies ensure that their cybersecurity read more
We
have been hearing about cybersecurity vulnerabilities at every other
organization in every newspaper we've opened in recent days. Even well-known
technology companies ensure that their cybersecurity defences are up to date in
order to prevent the leakage of any type of information, whether classified or
non-classified. Cyber defence is a mechanism for defending a computer network
that includes a quick response to breaches and the construction of a wall in the
firm's infrastructure that acts as a security layer and guards the firm's
sensitive information.
Cybercrime
is no longer considered a minor offence. They've grown in lockstep with
technological advancements. Gone are the days when cybercrime was used to steal
a tiny sum of money from someone's bank account. Top-tier government
organizations, such as the Pentagon, which is regarded the safest network, are
now using cybersecurity. The fundamental reason for the progress in cyber
defence is that fraudsters have advanced. Cybercriminals have access to
technology that is far more advanced than any government has ever envisioned.
Furthermore, as knowledge of the dark web has grown on the internet,
cybercriminals have been able to disappear underground even before anyone
detects them.
A the shared network connects all of the company activities. In reality, all
commercial activities are now conducted online, in a digital format, with
everything reliant on the system and its networks. This makes it easier for
hackers to gain access to sensitive information. When data is breached, it
casts a doubt on the company's integrity, and the firm's entire goodwill
suffers as a result. When Facebook's data breach was revealed in 2018, it
wreaked havoc on social media, prompting the #quitfacebook trend, which pushed
the company to make significant revisions to its privacy policies. It even
had an impact on the number of users Facebook had previously and now has. The
legitimacy of all social media networks has been questioned as a result of one
data breach.[1]
Governments
and internet websites are not the sole targets of cyber-attacks; a city's
electrical grid can also be hacked. This causes widespread public
inconvenience. It has an impact on the revenues generated by local governments.
Because the system is so badly damaged, the costs of repairing the entire
electrical grid should be a major expense for the state government. Such
cyber-attacks have an influence that extends beyond an individual to the
country's economy and even political processes.
Artificial
Intelligence (AI):
AI
is currently the most talked-about term in the country. Artificial intelligence
(AI) has a lot of potential in the field of cyber defence. Google is the best
example of this type of technology. There is two-factor authentication whenever
we try to log in to our Google account on a new device. This authentication
confirms the user's identification on the basis of two or three separate
grounds. These grounds could be something they already know, are, or possess.[2]
Deep
learning is an advanced AI concept. The data is verified using deep learning.
It keeps track of all transactions, including real-time communications, in
order to detect any viruses or other malicious activity on your network.
Behavioural
analytics:
Following
the Facebook-Cambridge Scandal, one is fully aware of the exploitation of data
for behavioural analysis. This strategy is commonly used to target the proper
demographic on social media platforms and in online marketing. This form of
technology, on the other hand, is still being researched and developed for
sophisticated cyber defence systems. This method aids in determining a system's
pattern and tracking network activity in order to detect a real-time threat or
the likelihood of a threat in real time. A user's device, for example, may show
an unusual rise in data transmission, which could signal a cybersecurity
breach. While this type of technology is most commonly associated with
networks, it can also be found in apps and devices is now also developing.
External
Hardware Application:
A
password or a numbered pin is insufficient to safeguard our devices against
corruption. Embedded authenticators are proving to be one of the safest methods
of confirming a user's identification. Intel, the world's leading chip
manufacturer, has released the 6th Generation vPro Chips. These chips are
extremely powerful user authentication chips that are built right into the
hardware, eliminating the need for external storage. These chips, according to
the business, will transform the structure of ‘Authentication Security,' since
they are designed to work at various levels and authentication techniques in
unison.
Blockchain
Cybersecurity:
One
of the most recent cybersecurity solutions is rapidly gaining traction and
receiving the attention it deserves. The two parties to the transaction are
identified using blockchain technology. This type of cybersecurity is based on
the basics of peer-to-peer networks. The basic goal of blockchain is to establish
trust in a distrustful environment. Every blockchain participant is completely
responsible for verifying the veracity of the data they submit. Blockchains
erect an impenetrable wall around the network that cannot be penetrated,
ensuring that there are no chances of compromise.[3] To keep possible cyber
risks at bay, blockchains normally establish a rigorous verification system.
Consider the case of Mobilecoin.
Zero
- Trust Model:
The
name says it all: under this paradigm of cyber defence, it's considered that
the network has already been compromised. As a result, the network can no
longer be trusted, forcing a person to improve the network's internal and
exterior security. The most important aspect of this type of cybersecurity
approach is that it requires someone to improve both internal and external
networks.[4] Even before the network is
breached, it is presumed that it has already been breached, implying that the
necessary protection will be provided. This includes identifying a company's
key data, tracking the flow of that data, separating the logical and physical
components, and ensuring that the company's policies are constantly reviewed
and modified as needed.
India
has almost 560 million internet users, making it the world's second-largest internet
user. According to reports, because to the epidemic, this figure is likely to
surpass 600 million users by the end of the year. On the other hand, these
enormous figures necessitate the development of robust cyber defence
technology. Though cybersecurity is improving every day, hackers are always
improving their skills and seeking for new ways to get access to new systems.
To ensure that cybercrime is reduced and that fraudsters' efforts are not in
vain, certain regulations must be in place, and lawmakers must anticipate
cybersecurity flaws and enact laws appropriately.
Validity of Narco-Analysis in India – Crime Detection Technique-Kishan Dutt KalaskarNarco-analysis is a crime detection technique in which a test is conducted upon an accused person read more
Validity of Narco-Analysis in India – Crime Detection Technique
-Kishan Dutt Kalaskar
Narco-analysis is a crime detection
technique in which a test is conducted upon an accused person to reveal the
facts of the case and important proof of the commission of an offence. The test
is generally administered by injecting about 3 grams of chemicals like sodium
pentothal or scopolamine dissolved in 3000 millilitres of distilled water into
the accused person's body. This makes the accused go into a hypnotic state, and
the test is conducted while constantly monitoring his blood pressure and heart
rate. An expert then asks carefully constructed questions to the accused and
records the answers. It is said that the chemical acts as a truth serum that
enables the expert to extract the truth from the subject. In turn, this
information extracted acts as a guiding point in detecting various ingredients
required to prove the commission of an offence. The narco analysis test was introduced
for the first time in India in 1936 but was first used in 2002 in the Godhara
Carnage Case.
As opined by Dr. M.S Rao, Chief
Forensic Scientist for the government of India, these deception detection tests
play a vital role in uncovering and sometimes even preventing terrorist
activities. Considering the rise of India's crime rate, this technology aids in
discovering evidence by the police by soliciting information from even hardened
criminals. These tests act as a good alternative to the traditional methods of
torture employed by the police, which impinge upon the rights of the persons.
Since the subject is put in a subconscious state by the drugs, there is very little
possibility of modifying the truth by the subject, which helps establish or
corroborate the guilt of the accused. Narco-test has proved to be useful in
many cases, such as the Abu Salem case, which uncovered his involvement in many
offences.
Nonetheless, many issues surround the
administration of narco tests. Since a chemical is introduced in the body of
the subject, the excessive dosage could lead to coma or even death of the
person. Another issue is that since the accused's mental and physical state is
severely altered, the reliability of the information received is questionable.
On several instances, it has been alleged that the administration of such
deception deduction techniques violates the right against self-incrimination
guaranteed under Article 20(3) of the Constitution. Article 20(3) provides that
‘no person shall be compelled to be a witness against himself’ and narco-test
impinges upon this fundamental right of the citizens. It is dreaded that even a
small mistake on the part of the person conducting the test can result in
serious danger to the life of the subject.
Administration of narco-test involves
a complex interplay of law and technology where the need for crime detection
and protection of rights of the accused need to be balanced. While
technological and scientific developments are largely welcome in the Indian
criminal justice system, they cannot be allowed to take away any person's
rights.
Court Precedents
In the case of NandiniSatpathyv. P.L.
Dani, the Apex Court held that no person could be allowed to extract
incriminating statements from the accused as the accused has a right to remain
silent during the course of an interrogation.
Similarly, in the case of
SantokbenSharmabhaiJadejav. State of Gujarat, the Court upheld the order for the
administration of Narco Analysis test on the accused SantokbenSharmabhaiJadeja.
It was observed by the Court that in a situation where all possible
alternatives to discover the truth or capture the offenders have been
exhausted, the prosecuting agency has no other remedy than the recourse to scientific
methods of deception detection tests. These tests help overcome any obstacles
or guide the police when the investigation reaches a dead end. On the basis of
such revelation, if the prosecuting agency comes across some clues or records
or a statement that helps or assists in further investigation of the offence,
then there will not be any violation of Article 20(3) of the Constitution of
India.
In the case of Selvi v. State of
Karnataka, it was held by the Supreme Court that involuntary administration of
narco-test is ‘cruel, inhuman and degrading’ in the light of Article 21 of the
Constitution. Any information obtainedthrough involuntary narco-tests cannot be
admitted as evidence in the Court of law. The decision of the Court was based
upon the reasoning that a person has no conscious control over the results of
such tests, and unless a person consents to the procedure, it cannot be held to
be valid. Involuntary administration of narco-analysis test is a violation of
Article 20(3) of the Constitution. No person shall be forced to subject
himself/ herself to such tests as it would amount to an unwarranted invasion
into the personal liberty of such person.
However, the Court laid down various
guidelines to be followed while conducting the tests with the consent of the
accused. According to the Court, a subject must be made well aware of the
consequences, both legal and health, before the test is done upon him, i.e.
informed consent must be obtained. In case the accused desires to subject
himself to these tests, he must be provided access to a lawyer. Physical,
emotional, psychological and legal consequences must be explained to the
subject. Consent of the accused must be recorded before a Magistrate, and it is
the duty of the Magistrate to ensure that such consent is voluntary.
Information revealed in these tests will not amount to a confessional statement
in court proceedings. All tests have to be recorded, and factual narration of
the same must be taken on record.
Conclusion
The efficiency of narco-analysis as a crime
detection has been questioned in several instances. It has been repeatedly
argued that it violates the right against self-incrimination of an accused
subjected to a narco-analysis test. While these tests use drugs meant to put
them in a subconscious state and have little or no control over the outcome.
Nonetheless, it cannot be denied that they assist the police in solving cases.
To balance the interests of the accused and the police, the Court has allowed
the conduction of deception deduction tests after an informed consent taken by
the accused in the presence of a lawyer as well as a medical
professional.
The Two Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Uday Umesh Lalit and KM Joseph passed a Judgment dated 12-05-2021 in the case of Gautam Navlakha v. National Investigation read more
The Two Judge Bench of the Hon’ble Supreme Court of India comprising of Justices Uday Umesh Lalit and KM Joseph passed a Judgment dated 12-05-2021 in the case of Gautam Navlakha v. National Investigation Agency {2021 SCC OnLine SC 382} and held that the courts superior to that of the Magistrate can also exercise power under Section 167 Code of Criminal Procedure 1973 (Cr.P.C) (Procedure when investigation cannot be completed in twenty-four hours) to order for remand of the accused.
To read more, please visit the link below:
#supremecourt #magistrate #delhihighcourt #remand #custody
Huge Data Breaches:Personal data of 45 lakh Air India customers worldwide reported to have been leaked. In the morning I got the message from Air IndiaAs per GDPR the companies dealing with the personal read more
Justice Stephen Breyer of the US Supreme Court –“Science in the Courtroom”, “In this age of science, science should expect to find a warm welcome, perhaps a permanent home, in our courtrooms… Our decisions read more
Justice Stephen Breyer of the US Supreme Court –
“Science in the Courtroom”, “In this age of science, science should expect to find a warm welcome, perhaps a permanent home, in our courtrooms… Our decisions should reflect a proper scientific and technical understanding so that the law can respond to the needs of the public.”
In ACLU v. Reno, 521 US 844, one American Court defined “Internet” in the following way:
“The internet is an international network of interconnected computers.”
Press information Bureau under Government of India in one press release* has enlightened us in the following ways:
India is the world’s largest open Internet society and the Government welcomes social media companies to operate in India, do business and also earn profits. However, they will have to be accountable to the Constitution and laws of India.
The statistics of social media users in India is as follows:
• WhatsApp users: 53 Crore
• YouTube users: 44.8 Crore
• Facebook users: 41 Crore
• Instagram users: 21 Crore
• Twitter users: 1.75 Crore
In fact India is standing on the threshold of being crowned as world’s second largest internet population/ netizens.
In the above backdrop today, I shall discuss the following landmark case of Hon’ble Supreme Court of India being Anuradha Bhasin vs Union Of India decided on 10 January, 2020
The Fact of the Case: “Security Advisory issued by the Civil Secretariat, Home Department, Government of Jammu and Kashmir, advising the tourists and the Amarnath Yatris to curtail their stay and make arrangements for their return in the interest of safety and security. Subsequently, educational institutions and offices were ordered to remain shut until further orders. On 04.08.2019, mobile phone networks, internet services, landline connectivity were all discontinued in the valley, with restrictions on movement also being imposed in some areas.
4. On 05.08.2019, Constitutional Order 272 was issued by the President, applying all provisions of the Constitution of India to the State of Jammu and Kashmir, and modifying Article 367 (Interpretation) in its application to the State of Jammu and Kashmir. In light of the prevailing circumstances, on the same day, the District Magistrates, apprehending breach of peace and tranquility, imposed restrictions on movement and public gatherings by virtue of powers vested under Section 144, Cr.P.C. Due to the aforesaid restrictions, the Petitioner in W.P. © №1031 of 2019 claims that the movement of journalists was severely restricted and on 05.08.2019, the Kashmir Times Srinagar Edition could not be distributed. The Petitioner has submitted that since 06.08.2019, she has been unable to publish the Srinagar edition of Kashmir Times pursuant to the aforesaid restrictions.
5. Aggrieved by the same, the Petitioners (Ms. Anuradha Bhasin and Mr. Ghulam Nabi Azad) approached this Court under Article 32 of the Constitution seeking issuance of an appropriate writ for setting aside or quashing any and all order(s), notification(s), direction(s) and/or circular(s) issued by the Respondents under which any/all modes of communication including internet, mobile and fixed line telecommunication services have been shut down or suspended or in any way made inaccessible or unavailable in any locality. Further, the Petitioners sought the issuance of an appropriate writ or direction directing Respondents to immediately restore all modes of communication including mobile, internet and landline services throughout Jammu and Kashmir in order to provide an enabling environment for the media to practice its profession. Moreover, the Petitioner in W.P. © №1031 of 2019 also pleaded to pass any appropriate writ or direction directing the Respondents to take necessary steps for ensuring free and safe movement of reporters and journalists and other media personnel. Lastly, she also pleaded for the framing of guidelines ensuring that the rights and means of media personnel to report and publish news is not unreasonably curtailed.”
Amongst others, One of The Important Issue Was:
Whether the freedom of speech and expression and freedom to practise any profession, or to carry on any occupation, trade or business over the Internet is a part of the fundamental rights under Part III of the Constitution?
Hon’ble Court Observed on the Positive Role of Internet: Some of the important observations of Hon’ble Court on the positive role of internet are as follows:
I. “there is no dispute that democracy entails free flow of information..”
II. “Now, we need to concern ourselves about the freedom of expression over the medium of internet. There is no gainsaying that in today’s world the internet stands as the most utilized and accessible medium for exchange of information.”
III. “Law and technology seldom mix like oil and water.”
IV. “In this light, the importance of internet cannot be underestimated, as from morning to night we are encapsulated within the cyberspace and our most basic activities are enabled by the use of internet.”
Hon’ble Court Observed on the Negative Role of Internet: Some of the important observation of Hon’ble Court on the negative role of internet are as follows:
“36. Modern terrorism heavily relies on the internet. Operations on the internet do not require substantial expenditure and are not traceable easily. The internet is being used to support fallacious proxy wars by raising money, recruiting and spreading propaganda/ideologies. The prevalence of the internet provides an easy inroad to young impressionable minds. In this regard, Gregory S. McNeal,3 Professor of Law and Public Policy, Pepperdine University, states in his article about propaganda and the use of internet in the following manner:
“Terrorist organisations have also begun to employ websites as a form of information warfare. Their websites can disperse inaccurate information that has farreaching consequences. Because internet postings are not regulated sources of news, they can reflect any viewpoint, truthful or not. Thus, readers tend to consider internet items to be fact, and stories can go unchecked for some time.
Furthermore, streaming video and pictures of frightening scenes can support and magnify these news stories. As a result, the internet is a powerful and effective tool for spreading propaganda.”
The Important Verdicts:
• “Therefore, the freedom of speech and expression through the medium of internet is an integral part of Article 19(1)(a) and accordingly, any restriction on the same must be in accordance with Article 19(2) of the Constitution.”
• “Therefore, the freedom of trade and commerce through the medium of the internet is also constitutionally protected under Article 19(1)(g), subject to the restrictions provided under Article 19(6).”
• “We declare that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g). The restriction upon such fundamental rights should be in consonance with the mandate under Article 19 (2) and (6) of the Constitution, inclusive of the test of proportionality.”
• “We are confining ourselves to declaring that the right to freedom of speech and expression under Article 19(1)(a), and the right to carry on any trade or business under 19(1)(g), using the medium of internet is constitutionally protected.”
Hence Indian judiciary whole-heartedly recognise the movement in internet is protected as any other fundamental rights, of course has the restrictions of due process of law like that of movement in the physical world.
(*Press Information Bureau, Government of India : https://pib.gov.in/PressReleseDetailm.aspx?PRID=1700749)
The Hon’ble Bench of the #HighCourt of #Delhi in the case of Air Traffic Controllers Guild (India) v Union of India & Others [W.P.(C) 2946/2020], vide its #Judgment dated 11.05.2021 held that testing read more
The Hon’ble Bench of the #HighCourt of #Delhi in the case of Air Traffic Controllers Guild (India) v Union of India & Others [W.P.(C) 2946/2020], vide its #Judgment dated 11.05.2021 held that testing #aircraft #pilots, #cabincrew and #airtrafficcontrollers for #alcohol cannot be completely exempted as it could be detrimental to #passenger #safety.
To read more, please visit the link below:
https://theindianlawyer.in/delhi-high-court-allows-alcohol-testing-of-aviation-personnel-for-passenger-safety/
#delhihighcourt #exemption #alcoholtesting #airtrafficcontrol #passengers #safety
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S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
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S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
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All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
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"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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