Legal

Naavi.org/Naavi.in is essentially an information portal trying to disseminate information around Cyber Law, Cyber Crime and Information Security to the general public. It is not meant to be a “Legal Advisory Site”. Views and Opinions expressed here are that of the authors which in most cases would be Naavi.

If any person does not like any comment made here, they are welcome to contact Naavi and lodge their objections. If they are considered reasonable they will be addressed with utmost humility.

Being a Netizen activist himself trying to help victims of Cyber Crimes, Naavi would not appreciate any attempt to stiffle the opinions expressed here with the misuse of law in any manner. Any such attempt will be stiffly resisted.

Copyright, Disclaimer, Editorial Policy and Privacy Policy

Copyright:

The basic objective of this site is to disseminate information and educate Netizens. We believe that the Internet is best used as an aggregation of information from various sources. We have therefore provided links to various sites that may be of interest to a section of the Netizens. All links added here reflect our belief that the linked material is useful to the community.

If the owners of any of these sites have any objection, they can notify us at naavi@vsnl.com and we shall remove the links but with lot of regrets.

Any article placed by Naavi on the site can be reproduced with acknowledgement of the source. If any other contributors have placed content on the site, reproduction of the same would be subject to specific rights mentioned along with the respective contents.

Disclaimer:

We are not however responsible for any errors, omissions or representations on any of our pages or on any links on any of our pages. We do not endorse in anyway any advertisers on our web pages. Please verify the veracity of all information on your own before acting on them.

We hereby expressly disclaim any implied warranties imputed by the laws of any jurisdiction other than India. We consider ourselves and intend to be subject to the jurisdiction only of the courts at Bangalore in India.

The contents of the website ought not to be construed as legal advise and any person intending to to act based on the said contents of the website is advised to avail appropriate legal advise from competent and qualified professionals.

The contents of the website are meant for the purpose of giving general information to help the netizens and may not be proper/accurate/correct to certain extent. The author of the said contents or the owner of the website shall not be liable for any damages/compensation to any person for whatsoever reason.

In the event there are any disagreement with the views expressed here in, the concerned persons are requested to write to naavi@vsnl.com expressing there comments or rejoinders.

Trade Mark Rights:

We hereby give express notice to all that the name Naavi (TM) which is the essential part of the domain name, belongs to Na.Vijayashankar, the founder of this site. This right will also extend to all extensions and confusingly similar abbreviations and adaptations.

Any person or organization using the name in any manner in any of their websites or email IDs or log in credentials will therefore be infringing on the rights of Na.Vijayashankar. Na. Vijayashankar however hereby provides an open license to such users to use the name provided they are members of the service of www.lookalikes.in and always provide the disclaimer generated by the service without any alteration or modification.

Naavi.org ‘s lookalike disclaimer can be found here:

Editorial Policy

It is clarified that Naavi.org/Naavi.in has been providing its views on various events of relevance to Cyber Laws and Cyber crime events in good faith in pursuance of its objective of contributing towards “Building a Responsible Cyber Society”. In this context, Naavi.org has been a journal working like an NGO. Naavi.org/Naavi.in should therefore be considered as both an NGO working for the welfare of Netizens and also publication entitled to its privileges on freedom of expression.

In the course of its reporting, Naavi.org/Naavi.in has to discuss Cyber Crime incidents that are reported from India and elsewhere. Readers will appreciate that while reporting on a Cyber Crime, there will always be two sides to the incident. The accused and the complainant obviously hold diametrically opposite views. Any expression supporting one may therefore appear to be an expression against the other.

In this process, Naavi.org/Naavi.in does not have any intention to criticize any person except to the extent of pointing out what in our opinion would be omissions or mistakes. We trust that the persons who may be referred in such a context will take it as a constructive criticism from the independent observer and not construe it as a motivated criticism.

Our commitment towards building a responsible Cyber Society is adequately demonstrated over the years through various causes for which it has stood out as reflected in these columns and there appears to be no reason to waver from this approach which is society oriented.

In case some one feels hurt by some stray comments in the media they are welcome to send their rejoinders and we shall be happy to publish the same.

We object the culture of “Harassment of journalists through legal notices” followed by some and consider it unprofessional. It may be recalled that Naavi.org has advocated “Balancing expression of views” even in serious issues such as those which arose in the case of dalitstan.org. (Refer Respond? or React? An E-Governance Dilemma ). For much lesser issues such as an adverse news report , the said suggestion is more than a sufficient remedy. The rejoinder would eminently meet this requirement.

Moreover, persons serving defamation notices on publications should remember that the charge of defamation will stand only if the statement made by the journal is not true besides being defamatory. Further, if the statement under objection is on an action of the subject party and does not attack the person per-se, no defamation is recognized. If the affected party knows that the statement made is true or otherwise the defamation charge is untenable and a notice of defamation is still issued, it can be termed as an attempt to threaten and prevent a journalist from discharging his legitimate duties and a cause of action may arise in reverse against the person serving the notice.

Under the ITA 2008, Naavi.org/Naavi.in would be considered as an “Intermediary” and Na.Vijayashankar is the designated compliance officer who can be reached for all grievances under the e-mail naavi@vsnl.com through digitally signed e-mails.

Naavi as a Consultant

We take this opportunity to also assure the readers that even in cases where Naavi has a consultancy relationship such as what he generally has with the Police, the reporting of the said cases will not be affected by such relationship. So far, Naavi has been refusing to support a party if it is felt that the cause of the party is not justified. Naavi is not in the shoes of a lawyer who accepts the case to defend a person even if he is believed to be a criminal because he thinks it is his duty to protect those who seek his help. Naavi as a consultant has the right to refuse a client if in his judgment the person does not deserve his help because he is on the wrong side of the law. Further, when Naavi gives a report either as an expert or a consultant, he is not obliged to give a report in favour of the person appointing him. It is another fact that any report given to a client which does not support the client’s views will get discarded by the client while any report supporting the client’s view gets used as a subsequent reference. Naavi does not therefore control the fact that many of his reports which get circulated are reports in which the opinion supports the party which has used his consultancy services, be it the Police or a private party. Besides such reports there will be many other reports disagreeing with the client’s views which get killed by the respective clients and don’t see the light of the day.

If in the process of selection of the “Right Cause to Support”, an element of pre judgment is involved based on the material then available to Naavi, it is considered unavoidable. If subsequently our judgment is proved wrong because new facts come to light, we are ready to accept in all humility that an error of judgment was made.

The above statements are made as a general expression of the policy guiding this site and will apply to issues that has been discussed over the past several years this site has been in existence in different forms and to be discussed in future.

Privacy Policy

Naavi.org does not collect any private information from its visitors other than the automated statistics that is collected by the server as a part of its logging requirements. It is possible that some of the advertisers who use the site for advertising may place cookies or otherwise follow Privacy policies of there own. Naavi.org excercises such control as is reasonably possible in such cases.

We however declare our commitment to the protection of Privacy of the visitors and abide by the general principles of Privacy regarding non collection of information other than what is necessary and reasonable security in the use of the data collected if any.

Naavi.org uses the services of ccavenue.com for receiving online payments and in respect of visitors using this service, the privacy policy of ccavenue.com would be applicable.

Naavi.org/Naavi.in may use the services of some third-party advertising companies such as Google to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

(This disclaimer is also applicable for associate sites of Naavi.org such as cyberlawcollege.com, ceac.in arbitration.in etc)

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