Baazee, Bajaj, and Bailing Out the Law
BAAZEE, BAJAJ, AND BAILING OUT THE LAW, Economic Times, February 5, 2005
5 Pages Posted: 23 Dec 2005
With Avinash Bajaj out on bail and an intervening Tsunami, the noise around the Baazee case has all but died out. The issues that it brought into sharp focus however still await resolution - in particular, the issue pertaining to online intermediary liability. We thought this an opportune time to bring back this case into public focus. We noticed that the 'law', which for good or for bad, continues to occupy centre stage in this debate has not been articulated clearly enough - and in fact in many instances has been wrongly stated. Writers have either let their emotions get the better of their propensity to objectively lay down the law or have not been bothered with associating themselves with what they consider to be the trivialities of the law.
Our task is therefore a fairly modest one - to try and articulate the law in a manner that would provide a decent enough spring board to engage in broader policy debates.
Keywords: online intermediary liability, isp liability, pornography, criminal law
JEL Classification: K14, K30, K42
Suggested Citation: Suggested Citation