March 19, 2013 at 3:31 pm #435
B SinghKey Master
Websites blocking in India is a complicated scenario. This is so because websites blocking in India is mainly a judicial act. However, judicial decisions for blocking of websites in India are not always very reasoned and reasonable. The truth is that India judiciary, cyber law and websites blocking in India is still far from perfect.
Indian government is considering fraudulent multi level marketing companies’ regulation in India. In order to make it effective the Indian government has announced the possible blocking of the websites of suspected multi level marketing companies’ in India.
In the past as well, the Indian government has declared that the serious fraud investigation office (SFIO) of India would get more powers. This has become necessary as the IT and cyber frauds in Indian companies are increasing at a shocking rate. With an increase in ATM frauds in India, the preventive measures for ATM frauds in India must also be developed.
MLM companies usually engage in unethical and fraudulent transactions. Even their monetary transactions are not as per the prescribed laws. There is a need to monitor and regulate the activities and financial transactions of fraudulent and illegal MLM companies in India. The best way to achieve the same is to use technology to detect, analyse and prevent such fraudulent MLM companies.
The global consensus in this regard is shifting towards use of technology to fight cross border crimes and cyber crimes. The use of technology to fight drugs, human trafficking and illicit networks has already been proposed in India but so far that is just an idea alone.
Business community and individuals doing commercial activities in India must ensure cyber law due diligence in India and cyber security due diligence in India. Cyber due diligence for Indian companies is now well known and its ignorance can bring both civil and criminal prosecutions.
Even the legal requirements to start an e-commerce website in India must be followed by all the e-commerce entrepreneurs. The legal formalities required for starting e-commerce business in India cannot be ignored by such e-commerce stakeholders in India.
We at Perry4Law and Perry4Law Techno Legal Base (PTLB) welcome the move of Indian government to block websites of suspected and fraudulent MLM companies in India. However, while doing so Indian government must follow the requirements of present cyber law of India and other applicable laws.
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