Google faces defamation lawsuit in India: WSJ

Reuters
Posted: 2008-08-15 12:53:59+05:30 IST
Updated: Aug 15, 2008 at 1253 hrs IST

Font Size

Feedback

Discuss

Design studio Europe to be opened in UK Microsoft in talks to buy Yahoo online search biz Satyam to set up shop in Qatar E-mails, as public grievance redressal system!

Bangalore, August 15: : Google Inc's India subsidiary is being sued for alleged defamation in the Bombay High Court by an Indian construction equipment company, The Wall Street Journal said.

Mumbai-based Gremach Infrastructure Equipments & Projects Ltd is demanding that Google disclose the name of a person who criticized it using Google's blogging service, The Wall Street Journal said.

A blogger using the name "Toxic Writer" criticized the company on blogger.com, a site that allows individuals to create blogs without publicly revealing their identities, the paper said.

The Wall Street Journal said the Bombay High Court ordered the blog taken down on Feb 26.

"At the present stage, there is merit in the contention ... that the article put up by the defendant on the blog site is defamatory," the paper quoted the court as saying.

The court ordered Google India to reveal the identity of the blogger within four weeks of the order, the paper said, adding that Google is yet to reveal the blogger's name.

If Google loses the case it may have to disclose the blogger's identity, a move that could set a precedent for court challenges to the anonymity of its users, the Journal said.

Google's India subsidiary could not be immediately reached for comment.

Post Comments

Comments: (Limit 3,000 characters)

Name		Message
Email ID
Subject

TERMS OF USE:
The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any person (s) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s).

I agree to the terms of use.

Comments

» IBM taken to Labor Court

Posted by isaac m on 2008-08-28 01:43:51.396017+05:30
In an unprecedented move, that will surely be applauded by many in the BPO industry, a case has been filed against IBM in the Labor Court of Gurgaon against the unfair labor practices, failure to follow the Principles of Natural Justice and for the violation of provisions as laid down in the Constitution of India.As a reflection of its callous attitude and an autocratic, authoritative style of management, with total neglect of employeesâ€™ right, IBM terminated the services of a long-term employee, on charges never made known to the said employee.It is a globally accepted standard of procedures as laid down in Article 7 of the C158 Termination of Employment Convention, 1982 and the decisions held by the courts.Explaining the Constitutional provisions of the Principles of Natural Justice, the Supreme Court held that the rules of natural justice require that â€”(1) charged employee should be given notice of the charges he is called upon to explain and the allegations on which those are based;(2) evidence should be taken in the presence of the charged employee;(3) he should be given opportunity to cross-examine the prosecution witnesses;(4) he should have the opportunity of adducing all relevant evidence on which he relies;(5) no material should be relied on against him without giving him an opportunity of explaining such material.IBM failed to prepare a charged sheet to enable the employee to make a defence. This is an Unfair Labor Practice mentioned in the Schedule V of the Industrial Disputes Act, 1947.Due to the gravity of the charges leveled and the life-long implication of the foreseen decision, it is seen as very unbecoming on the part of IBM for its failure to initiate a full-fledged inquiry. This not only betrays the spirit of the management as well as is against the mandatory provisions laid down in the relevant Indian Law.As has been charged by the employee, IBM neither validated the veracity of the charges nor prepared a charge sheet, but proceeded to pronounce the employee as a culprit.Before the initiation of a departmental inquiry, the employee was asked to resign and in the failure to do so, would be terminated. This reflects a malafide intention on the part of the IBM.The employee has also charged IBM for its refusal to release the copies of statement of charges leveled, investigation details and report, if any, audio recordings of the proceedings and own representation. In a communication to the employee, IBM refused to divulge the same stating that it is an old case. This is against the laws of the land.The employee has also charged IBM for intimidation, intrusion in to the privacy, for discrimination on the basis of sex, color and place of birth. This gives the employee direct access to approach the Supreme Court for relief.Apart from these charges, IBM failed to pay the employee the incentives due and has held back the same.The employee having served the organization for over four years and having taken many initiatives for the success of process and people, having displayed an impeccable character and attitude, it was a faith reposed by the employee on the employer as a result of employer-employee relationship, for the employer to act in a good faith, to come to a fair decision, to give fair trial to both the parties to the dispute, to which IBM completely failed.The age old accepted norm of â€˜Do as you would do if it were your ownâ€™ was trampled by the management of IBM.Please contact the advocate, Mr. Dinesh Verma at 9911074037 (Gurgaon no.) for details and status of the case.

Reply Forward

Latest News

Print Edition

Events

Google faces defamation lawsuit in India: WSJ

Post Comments