NLU-01: CYBER LAWS: NATIONAL AND INTERNATIONAL PERSPECTIVE - MT1

ASSIGNMENT

Q1. Case Study

Controversy TV, is a recently launched television news network which has "a New kind of News" as its tagline. The News channel is very different from other conventional media channel as it is only available in online streaming format through Internet available to anyone, anywhere in the world. Controversy TV invites Advertisers from all parts of the world to advertise on its website, by informing the advertising rates, terms & conditions and e-mail address for advertising queries on its website. The readers of the website need to subscribe to the website, if they want to see premium content like special features and avail of the opportunity to post comments on a "News item".

Controversy TV, is hosted from a server located in a country "Republic of Data Island" (RDI) where there is complete immunity to journalists and news agencies from any civil or criminal prosecution on account of their activities relating to News reporting and Publication.

Controversy TV from the outset, was under criticism from other media publications, academicians and civil society groups, as most of the what it streamed on its website in the name of "news" was only sensational attempts to evoke public reactions and in violation of the minimum journalistic ethics and responsibility to society. Emboldened by the number of increasing hits on its website and the public reactions that it was generating, Controversy TV started to expand the dimensions of its content and soon started to have international "news items" as well.

Controversy TV remained unfazed, and in due course announced a premium content series named "Relook at the Religious Figures around the world" on its website. Aware of the potential repercussions of coverage of such sensitive issue from an irresponsible news website like Controversy TV, many efforts and protests were made to dissuade Controversy TV from going ahead with the online streaming of this series. Controversy TV, true to its name, rejected all appeals for reason, and streamed the first series on a highly regarded religious figure from a country "Social Democracy of Believers" (SDB) in Asia with a lot of objectionable assertions. The streaming of the series on the website was followed by massive demonstration in SDB and soon communal riots followed in the rest of the world, where followers of the said religious leader, attacked the co-religionists of the owners of the Controversy TV.

"Nation of Harmonious People"(NHP), was one of the countries hit by such riots as it has substantial followers of the religious leader, and its court issued a preliminary injunction against Controversy TV prohibiting it from streaming its signals into the NHP. Controversy TV was also facing civil and criminal prosecution suit in SDB because of its series that generated the turmoil and riots in that country.

Controversy TV which has substantial commercial interests in both the countries, contested the restrictions on its website and the civil and criminal suits, claiming that it had complete immunity under the law of RDI for its "news contents" and that this particular news series was premium content and the users by subscribing to view this series have agreed to the law of RDI where it was given complete immunity from any civil and criminal prosecutions.

Comment on the Jurisdictional issues involved and determine which of the countries in the present case have the jurisdiction to prosecute Controversy TV. Give reasons in support of your answer keeping in mind the boundary-less nature of Internet.

Short Answers

Q2. Differentiate between "Active" and "Passive" Websites.

Q3. What is in your opinion the most important event in the evolution of the internet, responsible for the form and shape of modern internet? Give reasons in support of your answer.

Q4. "International Co-operation on Cyber Crime is a product of wishful thinking and can never be a reality." Comment.

Q5. Write a brief note on:

(a) Doctrine of Comity

(b) Yahoo! Case