June 22, 2009 7:54:59 pm
Google India,the Indian subsidiary of US-based software giant,on Monday contended in the Bombay High Court that it does not control the publication of content on blog-hosting website ‘blogger’,and is not liable for the same. Blogger,popular blogging service,is owned by Google Inc.
Earlier,a single judge of High Court had restrained Google from hosting any blog containing defamatory material about Dr Aswhin Mehta,a city-based cardiologist.
Though the offensive blog-posts were removed,the Google India has now filed appeal against this order before division bench,saying that blog-hosting company can not monitor what is posted on blogs all the time.
Secondly,Google India,the Indian subsidiary,is not responsible for defamation through blogger,said its lawyer Iqbal Chhagla.
“Blogger service is provided by Google Incorporation (based in US). We (Google India) are not a party to agreement between Google Inc and those who use blogger… We have no liability or responsibility for content of blogger,” he
Chhagla further argued that unlike the publishers in print media,the blogging service,which facilitates publication of a blog,can not control what is being posted all the time.
“Google only provides a platform”,he aruged,adding that because of single judge’s order,it will be held in contempt if any fresh offensive blog about Dr Mehta is comes up. The matter will be finally heard on July 7.
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