Is our legal framework good enough in a rapidly changing
environment? How often have statutes in the IT sector
evolved in sync with the domain that they purport to
safeguard? How watertight are the laws in ensuring that
while the guilty do not escape from the vice-like grip of the
law, the innocents are not punished? The recent arrest of
Avnish Bajaj, the Chief Executive of Baazee.com, in the
context of the students’ sex scandal has opened a Pandora’s
Box. The most prominent question that has cropped up is:
Is the Chief Executive/Head of a portal completely responsible
for all transactions/content displays on the portal/website?
The recent arrest of Avnish Bajaj, the Chief Executive of Baazee.com, in the Delhi students’ sex
scandal case has opened the Pandora’s Box. Two prominent issues from an organizational
perspective are those of Corporate Social Responsibility and Accountability. The most prominent
question that has cropped up is: Is the Chief Executive/Head of a portal responsible for all transactions/
content displays on the portal/website?
The question of accountability has strong legal associations that have to be examined in the
context of the dynamic, ever-changing IT environment with an increased emphasis on process
automation, the seamless convergence of different media and the recognition of individual choice
through personalization of services and products.
In this rapidly evolving context, where does our legal framework stand? How often have statutes
in the IT sector evolved at a pace that is in sync with the domain that they purport to safeguard? How
watertight are the laws in ensuring that while the guilty do not escape from the vice-like grip of the law,
the innocent are not punished?
In this article we first list out the facts of the case and present the sequence of events. We then
address the legal statutes that are relevant to this case. We primarily look at the applicability of the
Indian Penal Code and the Information Technology Act, 2000 (here in after IT Act). We also examine
whether statutes such as the Indecent Representation of Women (Prohibition) Act are relevant to this
case.
We also address the issue of obscenity and its interpretation as per the statutes in India, UK and
USA. We then look at the legal position of Baazee.com in the Indian scenario and specifically look at
the issue of vicarious liability to CEOs. The power of law-enforcers as per the IT Act is addressed and
the consequences of the loopholes are identified. |
