[Reader-list] Arindam Chaudhuri, IIPM and the Indian blogosphere

[Albert Krishna Ali]

FREEDOM UNDER SIEGE - Bloggers' rights: Storm brews in cyberspace

By  ANUSHA Subramanian
Hindustan Times, Mumbai,
http://70.86.150.98/Hindustantimes/artMailDisp.aspx?article=12_10_2005_003_003&typ=0&pub=264





FOR THE first time in the history of Indian cyberia, it appears that a
blogger has had to quit his job for expressing his personal opinion on
a particular educational institute, and on the claims that it makes
through its advertisements.
Blogger and Mumbai resident Gaurav Sabnis, who till recently worked
with IBM Mumbai's server department had, in his personal blog
gauravsabnis.blogspot.com, linked to an article in JAM magazine that
questioned the veracity of IIPM's advertising. He had added a comment
of his own, raising questions about the educational qualifications of
IIPM's founder, author and management guru Arindam Chaudhuri.

IIPM reacted by issuing Sabnis with an e-notice that threatened him
with a lawsuit if he did not withdraw his post. According to Sabnis,
IIPM also got in touch with his employers, IBM, and attempted to
pressurise them to have him remove the blog posts.

Failing that, IIPM reportedly told IBM, their students would burn the
ThinkPads that IBM had supplied to IIPM.

Sabnis is categorical, however, that IBM did not ask him to leave. "I
was not pressurised in any manner by IBM to resign," he said. "The
decision to quit was entirely mine. I value my freedom of speech and
therefore I stand by my posts. And I do not think it is right that my
employers should be dragged into this matter." IBM's spokesperson
prefers not to comment at this point in time. However, IIPM is now
working towards sending a physical copy of the legal notice to Sabnis,
seeking damages for defamation.

"We are not concerned about the blog, and in no way has the written
matter on the blog affected us," says A. Sandip, IIPM's all-India
dean.

"But we are going to take legal action against the blogger for
defamation. The person is identifiable. It is a legal notice against
the person and not the blog."

The events have raised quite a ruckus in the Indian blogosphere. Both
Sabnis's and JAM editor Rashmi Bansal's blogs have been flamed by
anonymous commentators. And several bloggers across the country have
objected to this "cyber-harassment".

What all this now comes down to is the issue of free speech, as there
are no specific laws for blogging. Pavan Duggal, a Supreme Court
advocate specialising in cyber laws, says, "Blogs are not specifically
covered in the IT Act of India. Secondly, every citizen has, except in
certain extraordinary circumstances, the fundamental right to freedom
of speech under the Constitution. This incident of a blogger being
threatened with legal action clearly reflects the need for a
clarification of the rights of a blogger."

In the meantime, another blog ­ realgauravsabnis.blogspot.com ­has
come up. And now, the question is who the real Sabnis is.

Duggal says, "There are practical problems that will arise out of this
case. The foremost problem would be that of identifying the right
Gaurav Sabnis. It will become very hard for IIPM to prove the identity
of the blogger and that he has written the blogs".

The story so far June 15 JAM magazine runs a story on the Indian
Institute of Planning & Management (IIPM) titled `The Truth about
IIPM's Tall Claims' June 15-30 Rashmi Bansal, editor of JAM, posts a
one-liner in her personal blog youthcurry.blogspot.com- which says,
"Read The Truth about IIPM's Tall Claims in JAM" August 1-8
Reactionary article on JAM piece by Gaurav Sabnis on his personal blog
gauravsabnis.blogspot.com. Sabnis is an alumnus of IIM Lucknow and was
working with IBM Oct 4 Sabnis receives intimidating mail from IIPM
threatening legal action Oct 10 Sabnis quits IBM allegedly after IIPM
put pressure on his employers

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