Watching child porn in public is not free speech, says SC

February 27, 2016

New Delhi, Feb 27: Watching child pornography cannot be allowed in the name of liberty or freedom of expression, the Supreme Court said on Friday, even as the Centre informed that an exercise to block such contents on the Internet has been undertaken.stop-child-porn

A bench of Justices Dipak Misra and Shiva Kirti Singh asked Additional Solicitor General Pinky Anand to take suggestions from the National Commission for Women and others in helping the government prepare a scheme to ban child pornography.

The court said there was a distinction between art and obscenity and pornography cannot be allowed in the name of freedom of speech and expression as this is not an absolute right.

SC Women Lawyers Association, represented by senior advocate Mahalakshmi Pavani, urged the court to ensure prohibition of watching child pornography at public places, saying it has become a moral cancer as reports of school bus drivers and helpers forcing children to watch such materials and molesting them have come to light.

Concurring with her plea, the bench said, “Children need to be protected from this kind of moral assaults as it has the potentiality to bring them physical disasters.”

The bench further said: “Children cannot be made prey to these kind of painful situations, and a nation, by no means, can afford to carry any kind of experiment with its children in the name of liberty and freedom of expression. When we say nation, we mean each member of the collective.”

The court asked the Centre to file an affidavit suggesting ways and means to curb child pornography.

The law officer said that it was difficult to ban all websites containing pornographic materials on internet.

Advocate Vijay Panjwani, appearing for petitioner Kamlesh Vaswani, submitted that watching pornography or being compelled for it can never come within the definition of freedom of speech and expression as mentioned under Article 19(1)(a) of the Constitution.

Rather, it may attract penal provision, he added.

During the hearing, the court also said at times people may find something as objectionable while others may call it art. It put the matter for further consideration on March 28.

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News Network
February 6,2020

Feb 6: India has been ranked 40th out of 53 countries on a global intellectual property index, even as the country has shown improvement in terms of scores when it comes to the protection of IP and copyright issues, a top American industry body said on Wednesday.

India was placed at 36th position among 50 countries in 2019.

India's score, however, increased from 36.04 per cent (16.22 out of 45) in 2019 to 38.46 per cent (19.23 out of 50) in 2020, a 2.42 per cent jump in an absolute score.

However, India's relative score increased by 6.71 per cent, according to the International IP Index released by Global Innovation Policy Center or GIPC of the US Chambers of Commerce.

This year, it finds itself on the 40th place among 53 countries. Two new Index economies (Greece and the Dominican Republic) scored ahead of India. The Philippines, and Ukraine leapfrogged India.

"Since the release of the 2016 National IPR Policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement," the GIPC said.

Since 2016, India has improved the speed of processing for patent and trademark applications, increased awareness of IP rights among Indian innovators and creators, and facilitated the registration and enforcement of those rights, it added.

According to the eighth edition of the annual report, India's score on the Chamber's International IP Index demonstrates the country's growing investment in IP-driven innovation and creativity. The Index specifically highlights a number of reforms over the last year that strengthen India's overall IP ecosystem, it said.

"In 2019, the Delhi High Court used dynamic injunctions to disable access to copyright-infringing content online, resulting in an increase in India's score on two of the copyright-related indicators," it said.

"The use of these injunctions places India alongside global leaders in copyright enforcement, including Singapore and the UK. As a result, India scores ahead of 24 other economies in the copyright indicators," the report said.

The Delhi High Court also issued a series of judgements that provide clarity on existing statutes related to trademark protection online, resulting in a score increase on one of the trademark-related indicators, it added.

The courts issued two precedential rulings that raised the bar for the damages awarded in IP-infringement cases and may provide a deterrent for future infringement. This resulted in an increase in score on one of the trademark-related indicators, it said.

Global Innovation Policy Center or GIPC said India also continues to score well in the Systemic Efficiency indicator, scoring ahead of 28 other economies in these indicators.

"This is a result of a concerted effort by the Indian government to consult with stakeholders during IP policy formation and create greater awareness about the importance of IP protection,” it said adding that India also remains a leader in the use of targeted incentives and IP assets for small and medium-sized enterprises (SMEs).

“To continue this upward trajectory, much work remains to be done to introduce transformative changes to India’s overall IP framework and take serious steps to consistently implement strong IP standards," the report said.

GIPC has identified several challenges for India. Prominent among them being patentability requirements, patent enforcement, compulsory licensing, patent opposition, regulatory data protection, transparency in reporting seizures by customs, and Singapore Treaty of Law of TMs and Patent Law Treaty.

"We are encouraged that Indian policymakers seem to recognize this Index as a valuable resource in their efforts to strengthen the country’s promising innovation ecosystem and enhance its competitiveness in an increasingly knowledge-based global economy,” the report said.

Observing that no other economy stands to gain more from strong Indian IP than India itself, the report said for example, no industry has been hurt more by copyright violations in India than the country’s own Bollywood industry, which loses almost USD3 billion to piracy each year.

"The number one way the Modi administration can demonstrate its commitment to the success of the Atal Innovation Mission, Accelerating Growth for New India’s Innovations, Make in India, Digital India, and Startup India is to strengthen its IP framework in ways that promote the legal and regulatory certainty necessary for greater R&D investment, high-value jobs, and greater innovative and creative outputs,” it said.

"Strong IP standards can further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, foreign businesses’ ability to invest and make in India, thereby supporting the growth of India’s own innovative and creative industries," the report said.

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News Network
March 3,2020

Tehran, Mar 3: Iranian Foreign Minister Javad Zarif on Monday urged Indian authorities to ensure the well-being of all Indians and not let "senseless" violence prevail.

Ministry of External Affairs Spokesperson Raveesh Kumar said on Thursday that law enforcement agencies were working on the ground to prevent violence and ensure restoration of confidence and normalcy.

Mr Kumar has urged international bodies not to make irresponsible statements at this sensitive time. "Iran condemns the wave of organised violence against Indian Muslims. For centuries, Iran has been a friend of India. We urge Indian authorities to ensure the wellbeing of ALL Indians & not let senseless thuggery prevail. Path forward lies in peaceful dialogue and rule of law," Zarif tweeted.

The communal violence over the amended citizenship law in Delhi has claimed at least 42 lives. Frenzied mobs have torched houses, shops, vehicles, a petrol pump and pelted stones at police personnel.

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News Network
January 30,2020

Mumbai, Jan 30: Speaking at an event, Samajwadi Party (SP) leader Abu Azmi's son and businessman, Farhan Azmi said that if CM Uddhav Thackeray will build lord Ram's Temple at Ayodhya then he will build Babri Masjid there. He said, "My problem is with Uddhav Thackeray.

I respect him a lot and if in Shiv Sena somebody really deserves respect, then it is no other than Uddhav Thackeray. He never runs a government and I don't think he is running his party correctly.

If being the Chief Minister, Uddhav Thackeray says he is going to Ayodhya on 7th March, I will also go with him. He will build lord Ram's Temple and we will build Babri Masjid."

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