|
The recent Cyber Defamation case, first of its
kind in India, at Delhi's District Court came to an end on 23 April,
2007. The matter related to maintaining of the blog by the wife (i.e.
defendant) on BlogSpot.com, where in she had discussed about her
personal matters, which to some extent made a reference to Husband
(i.e. Plaintiff) directly and indirectly. Plaintiff claimed
compensation of Rs 10 lakhs in damages.It was alleged by the plaintiff that the Defendant has tried to destroy the reputation
and character of the Plaintiff by publishing false details about the Plaintiff
in the Internet blogs.
It was alleged by the plaintiff that from the
perusal of the entire contents of the blogs, it is apparent that the
Defendant has tried to destroy the reputation and character of the
Plaintiff by publishing false details about the Plaintiff in the
Internet blogs. The Plaintiff who is heading an entire business unit in
some company, has got high reputation in society, professional world
and among the colleagues and on account of defamatory imputations made
by the Defendant the prestige & reputation of the Plaintiff has
been lowered in the eyes of his friends and office colleagues. It was
further claimed that people were bumping into the scandalous blogs that
are available in the open, i.e. the website can be open and seen by
anyone anywhere in the world. Few emails received from Plaintiff's
friends were produced as evidence.
In defense, it was as submitted that the Blog was a private Blog, not
open to the world, to be shared between husband and wife only. Further
no publication ever took place of the URL, i.e. web-address of the blog
on behalf of the defendant. It should be noted that on the Internet
i.e. in the virtual world, the creation of a website is not open or
known to the world of visitors, till its web address is published, as
it is the only means to access anything in the virtual world, as
nothing in reality otherwise exists. Further it was submitted that
Plaintiff has generated false electronic documents, as any kind of
emails can be produced by web programming methods!!!
To Be Coninued...
|