A Clipped Bird

Freedom of speech and expression is a double-edged sword you can be offensive with it or you can use it to promote welfare. It’s undernourished of mankind remaining silent when you can identify problems and reflect a range of perspective with the right to freedom of speech and expression. There is confusion regarding the classification of news media. Is it an activity deserving protection under article 19(1)(a) or is it business under Article 19(1)(g) as due to this the Indian press has a two-fold protection. News paper and electronic media have enormous raw power and saying that press is abusing the power with justification of ethics and legal aspect doesn't reflect a confident rebuttal but lowers our confidence in the government.

Blogging & Law - How to Manage & Protect your Blog/Website

Pavan Duggal,
Indian Cyber Law Expert

Is posting someone else’s copyrighted images on your blog ‘fair use’? Which court has jurisdiction in respect of Indian Blogs, where servers are located outside India?

These questions are answered by Indian Cyber Law Expert, Mr. Pavan Duggal, as he advises bloggers as to how to manage and protect their blogs.

Mr. Duggal stresses on the necessity of having well drafted Privacy Policy, Terms and Conditions and Disclaimers, in order to avoid liability for any defamatory or plagiarized content posted on a blogger’s blog by a third party user (visitor) on the blog, under the Information Technology Act, or any other law. Especially Section 66A of the Information Technology Act, under which a blogger can be held criminally liable for comments of the blog visitor.

Tortious Liability in the Case of Misuse of Personal Information

This article is written by Ashutosh Singh.

(Also read article on basics of Law of  Torts.)

Introduction

“Tortious liability arises  from the breach of a duty primarily fixed by law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.”[1] Salmond defined Tort as “a civil wrong for which the remedy is a civil law action for unliquidated damages and which is not exclusively the breach of contract or breach of a trust or other merely equitable obligation.” Furthermore, Limitation Act defines Tort as civil wrong which is not exclusively a breach of contract or breach of trust.[2]

From the above definitions of tort or tortious liability, the basic idea of what tortious liability becomes apparent. The first part of the topic deals about what tortious liability actually is; the same has been done taking into account of Indian as well as outside world context. The second part of the topic ‘misuse of personal information’ has been dealt with in light of various Indian and foreign statutes. ‘Misuse of personal information’ in true terms means