For Bloggers
1) What are blogs, blog-posts, bloggers?
Usually a blog is a shared online journal where users can post diary entries about their personal experiences and hobbies.
According to the IT Rules, a blog means a type of website, usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video.
- A blog post is a separate entry or article made on a periodic basis.
- A blogger means a person who keeps and updates a blog on a periodic basis.
2) Is a blogger a journalist?
If a blogger posts blogs that are journalistic in nature, i.e., the blogger
uses the blogging platforms for posting reports, views, opinions, comments on events, then the blogger can be called a journalist.
3) Do bloggers and journalists share the same protection under the law?
Bloggers and journalists share the same protection under the law because article 19 (1) (a) that defines freedom of expression applies to all citizens. The media in India does not enjoy special privileges under the law unlike US, where freedom of press was ratified by the First Amendment.
4) Can journalist publish their stories on their personal blogs?
Journalist can publish their stories on their personal blogs. A lot depends on the nature of contract with the concerned media organisation the journalist works for. A journalist can publish stories giving an attribution to the employer that published the story originally. If the contract is such that the journalist retains her/his copyright of the story, then the journalist ought to mention it clearly.
5) What is the difference between an online journalistic report and a blog-post? Do they have a different legal status?
An online journalistic report seeks to collect and provide information that has a public interest. A blog post can be about a wide range of subjects written in various styles- from one’s opinions, reports and factual information to personal accounts of one’s travels, cookery, pets, health, philosophy etc. Legally, both online journalistic reports as well as blog-posts have the same status under the IT Act.
6) Are opinion pieces dealt with differently under the law?
No.
7) If you have written a report or a blog post that has received comments that are considered ‘offensive’, who is responsible for this?
The blog owner is responsible for the comments on his/her blog. The responsibility also extends to the websites offering free blogging services or the blog hosts.
The intermediary is solely responsible for taking down content.
If a report elicits comments that are deemed offensive, then the web editor, the reporter, the publisher of the website (if any) will be held primarily responsible and a suit can be filed against them even after takedown of the content.
8) Can a blogger get away with a disclaimer that the comments on his/her blog do not belong to him/her and belong to that of the person who has commented?
No. If you blog elicits comments, you are considered an intermediary[1]. A disclaimer may provide limited protection if it establishes that ‘due diligence’ was taken to show that comments are not endorsed by the blog-owner. Besides, the blog owner or a website owner will have to remove the ‘offensive’ comments within 36 hours if there are any complaints as part of due diligence.
9) Is moderation of comments mandatory for a blog owner or website owner?
No. Moderation of comments is not mandatory for a blog/website owner. But remember that comments on a site are also the responsibility of the blog owner.
10) If you own the domain for a site, does that give you more legal protection over your content than if you use space offered by free platforms like Wordpress or Blogger?
No, owning a domain for a site does not give you any special protection over your data in comparison to having your content hosted on free platforms like Wordpress or Blogger. Usually the web-hosts end up being served notices to take down content on the websites hosted by them.
11) What happens when someone is offended by your content and files a complaint with your Internet Service Provider? What is the process of operation?
If a person is ‘offended’ by your content, s/he will first sent a written complaint with an electronic signature (link to glossary for definition) to the intermediary (link to the glossary for definition), which is the blog host or the free blog hosting sites. The intermediary has to ensure that the ‘offensive’ content is taken down within 36 hours. By doing this, the intermediary guarantees him/her self protection from legal liability that may arise from legal action related to the case.
12) If a complaint is made against content on my site, what is my next step?
If a complaint is made against the content of your site, the intermediary i.e. the blog host will receive the complaint. They are supposed to take down the content within 36 hours. If they fail to do so, then they will be liable to legal action, if the case is taken to the court. The intermediary might choose to inform you or might put up a notice on your page citing the reason.
13) If the intermediary does not adhere to the take down notice within the stipulated 36 hours, what will they be liable for?
The entire onus for the takedown of the website is on the intermediary instead of the person who is responsible for uploading the content. If the intermediary fails to take down the content within the stipulated 36 hours, then according to 69 a (3) of the IT Amendment Act, the intermediary may be punished with an imprisonment ranging up to maximum of seven years with a fine.
14) In which court of law or forum can I defend myself if a complaint is lodged against content on my site or blog?
Currently, under the IT Act, there is no provision or forum for you to challenge a complaint or a take down notice. You will have to take down the content within 36 hour of receipt of the complaint and then challenge it in a court of law.
15) Can one blog anonymously?
Yes, you can blog anonymously. But your content is as vulnerable of takedown as any other.
[1] An intermediary is defined as any person, who on behalf of another person receives, stores or transmits that records or provides any service with respect to that record and includes Telecom service providers, network service providers, Internet service providers (ISP), Web hosting service providers, Search engines, Online payment sites, Online auction sites, Online market places and Cyber cafes.
