Saturday, March 30, 2013

E-Commerce Websites In India Are Engaging In Punishable Soft Porn Publication

India has strict anti pornography laws but they are flouted very often. Ironically, they are flouted by none other than the media websites and e-commerce platforms. Not very late we have reported that media is promoting soft porn in India.

Now it has come to our notice through media reports that e-commerce websites, especially those selling cloths and dresses, are engaging in activities that are clearly violating the cyber law of India and e-commerce laws and regulations of India.

The cyber law of India clearly prohibits such display of soft porn in India yet till now we have not witnessed any compliant or court case against such platforms. This does not mean that they cannot be booked at a subsequent date.

According to Praveen Dalal, managing partner of Perry4Law and leading techno legal expert of Asia, a single such episode can attract Civil and Criminal Liabilities on the part of those involved in the making, uploading, publication and circulation of the same in paper and electronic form.

The Cyber Law of India prescribes stringent Due Diligence Requirements that paper based and electronic publishers must follow. If they do not follow Cyber Due Diligence, they can be Criminally Prosecuted by the Government, opines Praveen Dalal.

There are well recognised legal requirements to start an e-commerce website in India and the legal formalities required for starting e-commerce business in India. As on date, the e-commerce websites are not following such techno legal requirements.

Even worst is the situation when it comes to e-commerce websites selling medicines in India. Online pharmacies in India are violating Indian laws and till now no action has been taken against those playing with the lives of Indians. Online sales of prescribed medicines in India require techno legal compliances that these e-commerce websites are not following.

It is high time for Indian government in general and law enforcement agencies in particular to crack the whip upon those violating laws of India for commercial gains.