Ban-Asbestos-India: Supreme Court Reaffirms Immunity to Google for Online Content w.r.t. killer asbestos mineral fiber in BANI defamation case

Tuesday, January 7, 2020

Supreme Court Reaffirms Immunity to Google for Online Content w.r.t. killer asbestos mineral fiber in BANI defamation case

In its judgement in Google India Pvt. Ltd. vs M/s Visakha Industries in BANI defamation case dated December 10, 2019, the Supreme Court refused to quash defamation proceedings against Google for its failure to remove allegedly defamatory material from its ‘Google Group’ service. The 148 page long verdict is available here. The year 2019 ended with the verdict which reveals the ongoing struggle of Ban Asbestos Network of India (BANI) since 2002. They who are vocal against injustice and unjust corporate practices have always faced such cases. BANI cannot forget that there is no household in India which is free of deadly asbestos mineral fiber. Its case against asbestos laden talcum powder filed through ToxicsWatch Alliance (TWA) in National Human Rights Commission (NHRC) captured national media's attention. Ministry of Health and Family Welfare has responded to NHRC. The case remains with NHRC.

1. India Top Court Reaffirms Immunity to Google for Online Content

However, the top court ruled that Google India Pvt. Ltd. will have to face defamation charges in cases lodged before 2009, when India’s information technology laws were amended to provide online and social media service providers immunity for content posted by a third party. They will have to take down content only after a court order.

https://www.bloomberg.com/news/articles/2019-12-10/india-top-court-reaffirms-immunity-to-google-for-online-content

India Says Google Not Liable for Defamatory Content on Its Platforms

Doug Isenberg December 11, 2019

Alphabet Inc.’s Google isn’t liable for defamatory content posted on its platforms after 2009, India’s top court ruled, reaffirming immunity for Internet companies in the world’s second-most populous nation. The verdict, which reiterates a 2015 ruling, comes as a relief for social media companies, online retailers and service providers who are facing increasing pressure from the Indian government to regulate online

https://giga.law/daily-news/2019/12/11/india-says-google-not-liable-for-defamatory-content-on-its-platforms

2. Google can't claim protection from defamation, says India's Supreme Court in BANI defamation case

A bench headed by Justice K.M. Joseph held that protection from defamation cannot be calimed

https://www.businessinsider.in/policy/legal/news/google-cant-claim-protection-from-defamation-says-indias-supreme-court/articleshow/72466732.cms

3. Vishakha Defamation Case: SC Rejects Google India’s Appeal, Says It’s Matter For Trial

https://inc42.com/buzz/vishakha-defamation-case-sc-rejects-google-indias-appeal-says-its-matter-for-trial/

4. Google India to face trial in pre-2009 defamation case

Visaka Industries filed the complaint after the company said it issued legal notices asking Google India to take down the write-up. Google then moved the Andhra High Court for quashing the proceedings, but did not get any relief. On Google’s appeal, SC stayed the proceedings till it had applied its mind to the issues involved.

//economictimes.indiatimes.com/articleshow/72461747.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

5. Google to face trial in India after SC says it can't claim protection from defamation

https://www.zeebiz.com/technology/news-google-to-face-trial-in-india-after-sc-says-it-cant-claim-protection-from-defamation-115563

6. Google India to face criminal trial in alleged defamation case filed by Visaka Industries

https://www.thenewsminute.com/article/google-india-face-criminal-trial-alleged-defamation-case-filed-visaka-industries-113884

7. No Protection For Intermediary Under Sec 79 IT Act From Criminal Defamation Before 2009 Amendment

https://www.livelaw.in/top-stories/no-protection-for-intermediary-under-sec-79-it-act-from-criminal-defamation-before-2009-amendment-sc-150662

8. 'Intermediaries can't claim protection from defamation'

https://www.deccanherald.com/national/intermediaries-cant-claim-protection-from-defamation-784230.html

Ban Asbestos Network of India (BANI)

Web: www.asbestosfreeindia.org

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Ban on Asbestos is a Must

A study in a peer-reviewed journal had earlier estimated that there could be more than 6,000 workers affected by asbestosis (an untreatable lung ailment) and another 600 suffering at the minimum from asbestosis-related lung cancer in India at present. Occupational cancer from asbestos, the disease caused by emissions at the work place, poses an increasingly serious health problem. But the subject has attracted relatively little attention from industry, labour, public health bodies or the medical profession. Asbestos is one of the single largest sources of occupational cancer. Indian polticians are acting as if they are bonded workers of asbestos industry.

World Trade Center, New York collapsed Thousands of tons of asbestos became airborne.

Back in 1981, there was research coming out that Asbestos was cancer causing and this ad was in rebuttal to that research touting the benefits of using Asbestos. The text over the Twin Towers states, "When the Fire Alarm Went Off, It Took Two Hours to Evacuate New York's World Trade Center." I do not need to remind anyone of the images of September 11th and this ad. The copy below the ad goes on to mention all of the places that Asbestos was used in the World Trade Center. I can not not think of all of the innocent victims in the area that were exposed to all of the dust, smoke and inherent asbestos that was in the air after the buildings collapsed. The cloud of smoke went across the entire city and potentially exposed hundreds of thousands of individuals to asbestos. Hopefully there can be a cure or treatment for Mesothelioma before all of these potential victims are diagnosed.

Apex Court allocates meagre compensation for asbetsos victims

In 1995, the Supreme Court of India fixed Rs 1 lakh compensation amount and identified National Institute of Occupational Health (NIOH) as the final authority to certify asbestosis cases. Compensations are given through the Employees State Insurance Corporation (ESIC). Two workers in Ahmedabad Electricity Company diagnosed as having asbestosis by NIOH have been compensated by Gujarat High Court. Twenty-five workers in asbestos jointing and packing industry at Mumbai were compensated by the Special medical board of ESIC. The court ruled that the industrial units must maintain a health record of every worker up to a minimum period of 40 years; insure workers under the Employees State Insurance Act or Workmen’s Compensation Act and give health coverage to every worker.

Asbestos Victims

Every day estimated 30 deaths in India is under way due to the ongoing trade and use of white asbestos. 'Asbestos' in Greek means 'indestructible'. Greeks called asbestos the 'magic mineral'. Asbestos is a generic term, referring usually to six kinds of naturally occuring mineral fibres. Of these six, three are used more commonly. Chrysotile is the most common, accounts for almost 90 per cent of the asbestos used in the industry, but it is not unusual to encounter Amosite or Crocidolite as well. Though Crocidolite asbestos is banned in India, it can still be found in old insulation material, old ships that come from other countries for wrecking in India. All types of asbestos tend to break into very tiny fibre, almost microscopic. In fact, some of them may be up to 700 times smaller than human hair. Because of their small size, once released into the air, they may stay suspended in the air for hours or even days. Asbestos fibres are virtually indestructible. They are resistant to chemicals and heat, and are very stable in the environment. They do not evaporate into air or dissolve in water, and they do not break down over time. Because of its high durability and with tensile strength asbestos has been widely used inconstruction and insulation materials - it has been used in over 3,000 different products. Where do we use it? In India, asbestos is used in manufacture of pressure and non pressure pipes used for water supply, sewage, irrigation and drainage system in urban and rural areas, asbestos textiles, laminated products, tape, gland packing, packing ropes, brake lining and jointing used in core sector industries such as automobile, heavy equipment, petro-chemicals, nuclear power plants, fertilizers, thermal power plants, transportation, defence.

Make India Asbestos Free

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Tuesday, January 7, 2020

Supreme Court Reaffirms Immunity to Google for Online Content w.r.t. killer asbestos mineral fiber in BANI defamation case

8 comments:

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