In the context of the pending verdict from Mumbai High Court
in the case concerning protection of minors from Cyber pornography, it is
necessary to raise questions such as
Can We Declare Cyber Cafe , a Place of Worship?
Can we declare Cyber Cafe , a College?
Can we declare Cyber Cafe, a Hospital?
Can we declare Cyber Cafe, a Court?
Can we declare Cyber Cafe, an Examination Hall?
...etc.
The reason why it is necessary for us to look at such
questions is that given the current trend, Mumbai Police would like to declare
Cyber Cafe, a "Place of Amusement". One need not be surprised if this
definition becomes popular with Police departments elsewhere in the country and
there would be a clamour for declaring Cyber Cafe's as "Amusement Centers" under
the local Corporation Acts. Such a definition includes Cabaret centers, Lodges
etc. Perhaps it may require the Cyber Cafe owner to take a license from the
Commissioner of Police to operate and submit daily returns of who all visited
the amusement center and whom all they met during their stay there etc.
While we recognize that there is definite need for protecting
our children from Cyber pornography, the argument of Mumbai Police that
"Blocking of Sites" is technically infeasible and there is need to resort to
stringent controls over Cyber Cafes is hard to accept.
The report of the "Expert Committee" on the issue
therefore appears to be biased. It would be a tragedy if the Court is forced to
accept the views of the Mumbai Police as reflected in the report and
declare Cyber Cafes as "amusement Centers".
For those who know the different dimensions of the Internet,
it is a gateway to information. Just like the Computer itself or the Information
Technology itself, Internet as well as the Cyber Cafe is a tool to access
information of various kinds. If we want to visit virtual temples, Internet can
take you to various temple sites. One can go to e-prathana.com and perform a
virtual pooja or visit cyberlawcollege.com for online education,
just as somebody who visits a porno site. If a Cyber cafe which provides entry
to a porno site can be called "an Amusement Center", a Computer or IT or the ISP
itself can be called a "Pornographic Tool".
On the other hand, one can as well consider Cyber Cafe as a
"Place of Worship" for all communities or a College for education.
It is therefore not advisable to try redefining the
Cyber Cafe in any manner other than a "Network Service Provider". Like a house
being misused as a brothel need to be checked, a Cyber cafe which is being
misused to corrupt the young minds can also be curbed. But this needs to be done
with grace and in a manner that does not tarnish the image of the whole
industry.
Naavi
April 10, 2002
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