Bloggers' rights: Storm brews in cyberspace

[NOV]

http://70.86.150.98/Hindustantimes/artMailDisp.aspx?article=12_10_2005_003_003&typ=0& pub=264


FREEDOM UNDER SIEGE - Bloggers' rights: Storm brews in cyberspace
ANUSHA Subramanian
Mumbai,



FOR THE first time in the history of Indian cyberia, it appears that a blogger has had to quit his job for expressing his personal opinion on a particular educational institute, and on the claims that it makes through its advertisements.

Blogger and Mumbai resident Gaurav Sabnis, who till recently worked with IBM Mumbai's server department had, in his personal blog gauravsabnis.blogspot.com, linked to an article in JAM magazine that questioned the veracity of IIPM's advertising. He had added a comment of his own, raising questions about the educational qualifications of IIPM's founder, author and management guru Arindam Chaudhuri.

IIPM reacted by issuing Sabnis with an e-notice that threatened him with a lawsuit if he did not withdraw his post. According to Sabnis, IIPM also got in touch with his employers, IBM, and attempted to pressurise them to have him remove the blog posts.

Failing that, IIPM reportedly told IBM, their students would burn the ThinkPads that IBM had supplied to IIPM.

Sabnis is categorical, however, that IBM did not ask him to leave. "I was not pressurised in any manner by IBM to resign," he said. "The decision to quit was entirely mine. I value my freedom of speech and therefore I stand by my posts. And I do not think it is right that my employers should be dragged into this matter." IBM's spokesperson prefers not to comment at this point in time. However, IIPM is now working towards sending a physical copy of the legal notice to Sabnis, seeking damages for defamation.

"We are not concerned about the blog, and in no way has the written matter on the blog affected us," says A. Sandip, IIPM's all-India dean.

"But we are going to take legal action against the blogger for defamation. The person is identifiable. It is a legal notice against the person and not the blog."

The events have raised quite a ruckus in the Indian blogosphere. Both Sabnis's and JAM editor Rashmi Bansal's blogs have been flamed by anonymous commentators. And several bloggers across the country have objected to this "cyber-harassment".

What all this now comes down to is the issue of free speech, as there are no specific laws for blogging. Pavan Duggal, a Supreme Court advocate specialising in cyber laws, says, "Blogs are not specifically covered in the IT Act of India. Secondly, every citizen has, except in certain extraordinary circumstances, the fundamental right to freedom of speech under the Constitution. This incident of a blogger being threatened with legal action clearly reflects the need for a clarification of the rights of a blogger."

In the meantime, another blog * realgauravsabnis.blogspot.com *has come up. And now, the question is who the real Sabnis is.

Duggal says, "There are practical problems that will arise out of this case. The foremost problem would be that of identifying the right Gaurav Sabnis. It will become very hard for IIPM to prove the identity of the blogger and that he has written the blogs".

The story so far June 15 JAM magazine runs a story on the Indian Institute of Planning & Management (IIPM) titled `The Truth about IIPM's Tall Claims' June 15-30 Rashmi Bansal, editor of JAM, posts a one-liner in her personal blog youthcurry.blogspot.com- which says, "Read The Truth about IIPM's Tall Claims in JAM" August 1-8 Reactionary article on JAM piece by Gaurav Sabnis on his personal blog gauravsabnis.blogspot.com. Sabnis is an alumnus of IIM Lucknow and was working with IBM Oct 4 Sabnis receives intimidating mail from IIPM threatening legal action Oct 10 Sabnis quits IBM allegedly after IIPM put pressure on his employers