Delhi High Court to hear Google, Facebook plea today

The Delhi High Court will hear Google India and social networking site Facebook's plea on Tuesday as both websites are challenging the decision to prosecute them for posting objectionable content. Google and Facebook which are among 18 websites facing criminal proceedings are not giving up without a fight.

On Monday, Google told the Delhi High Court that blocking it was not an option in a democracy. It pointed out that India was not a totalitarian regime like China.

Facebook in turn noted that it already has rules of blocking and removing content whenever specific matters are brought to its notice - suitable action is being taken.

Google on Monday told the High Court that they can't block freedom of speech in a democracy.

During last hearing, Justice Suresh Kait had warned Google India and social networking site Facebook India that websites can be "blocked" like in China if they fail to devise a mechanism to check and remove objectionable material from their web pages.

"The issue relates to a constitutional issue of freedom of speech and expression and suppressing it was not possible as the right to freedom of speech in democratic India separates us from a totalitarian regime like China," advocate NK Kaul, appearing for Google India, told Justice Suresh Kait.

Responding to the court's remark, Kaul referred to media reports on the issue saying "they (reports) suggest the existence of the right (freedom of speech)."

Initiating arguments, Kaul said Internet is a global system having billions of users that also included companies, private persons and the governments and their departments.

He filed a representation in the court and said an online search for a word like "virgin" has 82.30 crore search results within 0.33 seconds and the idea of blocking a word like this would deprive net-users of the required information.

"The queries could relate to Virgin Airlines or for that matter 'virgin areas for inventions'," he said.

Seeking quashing of the summons issued against the firm by a lower court, he said "Google India is neither a search engine nor a web hosting site and is a distinct legal entity from its US-based holding company Google Inc, a search engine."

"No criminal liability can be fastened on Google India," he said.

With additional information from PTI