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

[NOV]

The story has been picked up even in Malaysia... http://www.jeffooi.com/archives/2005...er_and_ibm.php


and here is the "offending" blog: http://gauravsabnis.blogspot.com/

[NOV]

Read the letter from IPPM. Hillarious! [i]

---------- Forwarded message ----------
From: Legal Cell, IIPM
Date: Oct 4, 2005 4:03 PM
Subject: Notarized first notice of legal summons
To: gaurav.sabnis@gmail.com
Cc: legal@iipm.edu


First Notice of legal summons to you
Warning: This email has been judicially notarized and has been tagged to validate receipt and response


Notice: IIPM/DZI1/2005/44

Date: 4th October 2005

Subject: False articles released by you on IIPM on blogspot.com (reference blogger.com)

I am the head of the legal and compliance counsel at The Indian Institute of Planning & Management (IIPM) New Delhi, India.

This notice is with respect to your releasing totally false articles about IIPM on the website blogspot.com (reference blogger.com) that has your clear reference and that has been released by you with proven deliberate and fraudulent intentions to harm the image of IIPM and related businesses. The articles have caused unfathomable damage to the reputation of IIPM and to its various operational areas. The articles further have affected innumerable future operations of IIPM. We have legally notarized and logged all the releases and are sending you this email to you as the first notice of proposed legal, judicial and criminal action against you that has already been approved & cleared by the Post Graduate Fellow Programme committee at IIPM. Even though the damage caused by your deliberate and fraudulent intentions cannot be calculated, the proposed filing would involve an immediate damage claim from you of Rs.125 Crores; apart from other various losses (including, but not restricted to opportunity losses, sales losses, legal costs and associated expenses). Corollary claims and subsequent parallel criminal and civil actions are being notified further on.

We are also providing your details to respective national and regional police authorities for undertaking and implementing immediate arrest warrants against you. We are also providing your details to various corporations within India and abroad to inform them about the judicial, legal and police action against you; thus ensuring that your details are well documented.

However, in case you undertake the following actions immediately, and provide evidence of such actions being completed by October 8th 2005, we shall formally withhold the abovementioned proceedings against you:

1. Immediately remove all articles related to IIPM from all domains under your purview, including but not restricted to the domains blogspot.com and blogger.com.

2. Immediately notify all your affiliate partners and other relevant websites to remove any links to any news of IIPM that they have received from you. You have to also ensure that these websites follow instructions as you would be held responsible for any continued display of the abovementioned item in question and future unapproved references to IIPM of any kind in any type of a media vehicle.

3. Immediately release an apology notice (after getting the text approved from our offices) on all domains under your authority that clearly mentions that you had mistakenly released the article and are withdrawing the same unconditionally. The same should also be sent to us.

4. Refrain in the future from releasing any news item containing IIPM's reference without the prior explicit written approval of IIPM.

Be warned, your telephone numbers, physical addresses thereon, login details, network access mechanisms have all been documented, notarized and legally ratified through google and blogspot.com, thus ensuring that any arrest warrants can be served and implemented on you within one day.

Your formal response shall be expected by the 12 noon (Indian Standard Time) of 6th October 2005 ; failing which, we shall proceed with the parallel arrest proceedings against you.

Regards,

A.Saxena
-----------------------------------------------------
President, Legal and Compliance Cell
The Indian Institute of Planning & Management
Level 0, IIPM Tower 1
B-27, Qutab Institutional Area
New Delhi - 110016, India
Phone: +91-11-51799900; Fax: +91-11-51799911
Email: legal@iipm.edu

[NOV]

Wikipedia joins the fray: http://en.wikipedia.org/wiki/The_Ind...and_Management

BIG time embarrasment for the Institute!

[Sandeep]

Interesting what Arindham Chaudary will have to say about Marketing.

Reading through his books I had found him a very sencible Business Guru who understand India and Indians quiet well.