
At the heart of the issue is the Indian IT Act which was amended in 2008 to incorporate the much-needed changes to clarify the legal position of intermediaries or those who provide web-hosting services, internet service providers and online auction sites.
However, the term intermediaries, for some reason, was also broadened to include blogs, though they neither provide the same kind of services like the ISPs nor have large-scale commercial interests. The law stated that the government should clarify the rules under which the intermediaries should function and the list of prohibitions applicable to them.
The list was published sometime last month and comments were invited from members of the public, bloggers and other members of the intermediaries group. ‘Intermediaries’ include web hosting providers which would include companies like Amazon , cyber-cafes, payment sites like Paypal , online auction sites, internet service providers like BSNL , Airtel etc.
Blogs also fall in this category as networked service providers. The due diligence specifies that the intermediaries should not display, upload, modify or publish any information that is ‘harmful’, ‘threatening’, ‘abusive’, ‘harassing’, ‘blasphemous’, ‘objectionable’, ‘defamatory’, ‘vulgar’, ‘obscene’, ‘pornographic’, ‘paedophilic’, ‘libellous’, ‘invasive of another’s privacy’, ‘hateful’, ‘disparaging’, ‘racially , ethnically or otherwise objectionable, ‘relating to money laundering or gambling’.