Wednesday, September 3, 2008

Criminal proceeding against eBay, its chief halted

  • A bench of Justice Altmas Kabir suspended a Delhi High Court ruling, which had scrapped their prosecution under penal laws but had allowed it under the new information technology law.
  • The apex court bench halted the trial on a lawsuit by Bajaj who challenged the high court ruling. The high court allowed his prosecution under section 85 of the Information Technology Act, 2000, for violating section 67 of the law, which prohibits publishing obscene information in electronic form.
  • Challenging the Delhi High Court ruling, Bajaj contended in his petition that mere listing of a product for sale could not be termed as crime under the IT Act.
  • Bajaj in his petition also argued that the term "obscenity" is not defined in the IT Act and accordingly no liability can be fixed on him for listing the 2.37-minute video clip even if it was obscene.

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