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It is a violation of Article 21 (right to personal liberty) of the Constitution.’ Yes the issue is serious and some steps need to be taken… let us see what stand the Centre will take”, said Chief Justice of India HL Dattu.
The remarks came when lawyer Vijay Panjwani — representing an Indore-based advocate Kamlesh Vaswani, the petitioner in a PIL seeking the blocking of all porn sites — pressed for an interim order till the home ministry took a stand on the issue.
The PIL pleaded that the absence of internet laws encouraged people to watch porn and over 20 crore clippings are freely available in the market, which have been directly downloaded from the Internet or copied from video CDs.
So, only servers here will help.” He said: “Making overseas-headquartered sites set up a server in India is essential to protect sovereign rights.
It helps in removal of undesirable, illegal and unwarranted content and we can prevent undesirable data on Indians from being illegally transferred outside the country's territorial boundaries.
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Another Supreme Court Bench, headed by the then Chief Justice RM Lodha, had agreed with the same PIL and during a hearing in August 2014 demanded strict laws to curb the online content.
He had called for a coordinated effort between the Department of Telecommunication, Information and Broadcasting Ministry, and the Home Ministry to deal with the menace.
Germany is already working in this direction.” The Supreme Court had put the onus of blocking sites on the Centre after Internet Service Providers (ISPs) threw up their hands, saying they could not do this on their own and would require a direction from the telecom ministry or the court.
“It is impossible for us to carry out proactive monitoring of the content in the absence of any mandate by the Do T.
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