HC quashes proceedings against Microsoft India

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SME Times News Bureau | 19 Mar, 2012
The Delhi High Court Monday quashed charges of hosting objectionable content against Microsoft India and set aside a trial court order for initiating criminal proceedings against the company.

Justice Suresh Kait accepted the company's plea that Microsoft was not providing a platform to people to interact with each other and post or publish their views, but one engaged in developments and sale of software and computing solutions.

The company's counsel told the court that no defamatory material was posted on its websites.

The move came as Microsoft India approached the high court, challenging the trial court's order initiating criminal proceedings against it for hosting "obscene and derogatory content".

The high court also gave the complainant Vinay Rai liberty to file a fresh complaint if any credible piece of evidence was found against the company.

Rai had approached the trial court to remove objectionable content from 21 websites, including Microsoft, Facebook, Google, Yahoo and YouTube. Among these, 12 websites are of companies based abroad.

Metropolitan Magistrate Sudesh Kumar had summoned the companies to face trial for allegedly committing offences punishable under the Indian Penal Code sections 292 (sale of obscene books and material) and 293 (sale of obscene objects to young person).

The trial court observed that the material submitted by the complainant contained obscene pictures and derogatory articles pertaining to Hindu deities, Prophet Mohammad and Jesus Christ.