Orkut comes under fire in India

Google's Orkut social networking site has put it in the middle of a border dispute between India and Pakistan. A petition filed in an Indian court against an anti-India community hosted by Orkut could have implications for other portals operating in India.

All network service providers with operations in India will have to ensure that their sites are not used to promote content inimical to the country or which promotes hate and violence, if the petition, filed by Yugant R. Marlapalle with the Aurangabad bench of the Bombay High Court, is successful.

"I am all for freedom of speech, but it should not be at the expense of the rights of the people of India," Marlapalle, a lawyer by profession, said in an interview Thursday.

The Aurangabad bench issued a notice to Google, its Indian operation, and the Indian government last week in connection with an anti-India campaign on one of the communities on Orkut.

The move by the High Court came after Marlapalle filed a petition before the court under India's Information Technology Act 2000 (IT Act), petitioning that the court direct Orkut to remove the community "We Hate India" which has a picture of the burning of the Indian flag, besides some anti-India propaganda.

The community, set up by a Russian, Miraslov Stankovic, states that it is against all those people who are against Pakistan. The community is about having a group of people who have enmity against India because of its oppressive and hostile approach, it says in the description of the community. The number of members of the community as on Thursday was 91, down from 100 the previous day.

India and Pakistan have a long feud over the disputed territory of Kashmir, which is partially under Indian control. This dispute has spilled over into online communities, web sites, and discussion groups. There are a number of "Hate Pakistan" communities on Orkut too.

Google takes the issue seriously, a spokeswoman for Google India said Wednesday. The company had however not yet received a notice from the court, she added.

Marlapalle said that he and other objectors used a feature of the Orkut site to report the group as "bogus", and also sent a letter on Aug. 28 to Google's operation in Mumbai, India, demanding the removal of the community. Marlapalle subsequently filed the petition on Sept. 11, and it came up for hearing on October 6.

Marlapalle has also petitioned the court to instruct the government of India to appoint a Controller as provided for in the IT Act. Under the Act, the controller can "direct any agency of the Government to intercept any information transmitted through any computer resource" in the interest of the sovereignty or integrity of India, the security of the country, friendly relations with foreign states or public order.