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Posted by : Unknown Tuesday, 4 February 2014


The Internet Service Providers Association of India (ISPAI) has said the Internet service providers cannot ban websites featuring pornographic content without receiving orders from the government or the court. The association made the statement in the Supreme Court while responding to a PIL filed by Indore-based advocate Kamlesh Vaswani.

"ISPs neither create content of any sort, nor do they own, promote, modify or edit it. They are mere authorized service providers who provide customers access to internet. ISPs are mere conduits and they cannot be made liable for the contents they do not own. It would be akin to making liable telecom companies for conversations people have on their network," the association said in the court.
"It is impossible for an ISP to block pornographic sites without orders from the court or department of telecom (DoT). While ISPs are legally bound to comply with all orders to block pornographic or other websites as suggested by DoT, the task of identifying such websites ought not to be left to ISPs who lack institutional and logistical capacity to do the identification."

It's notable pornographic content has continued to be easily available in the country. With Internet, it has become easier to access the porn. The government already has a law to deal with what it calls “information which is obscene in electronic form.”

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