Please Stop the Prosecution of Baazee.com and Mr. Avnish Bajaj Petition
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(IIT) and Indian Institute of Management (IIM), would like to strongly urge
the Indian Government to ensure that Mr. Avnish Bajaj, the CEO of Baazee.com
is not prosecuted and is relieved in the MMS case.
We would like to re-iterate that a manager of an electronic auction site
(such as Baazee.com) cannot be held immediately liable for content that is
posted by 3rd party users on the site, as it is technically impossible to
monitor the site content with 100 \% accuracy. This reinforces the view
strongly expressed by other Indian corporate bodies and individuals.
Managers of electronic auction sites can at best be expected to remove
such items once notified and this is the precedent in the United States
and other countries as well. As per the process followed in economies with
a mature eBusiness environment, once an objectionable material is detected
on the site, the site owner is given a notice wherein the site owner has
to remove the objectionable material within the notice period. In this
case too Baazee.com had promptly removed the objectionable material once
notified.
Mr. Bajaj and Baazee.com are completely innocent in both the letter and
spirit of the Indian IT Law. It is unfortunate that despite his innocence
and also his complete and willing co-operation with the authorities, Mr.
Bajaj has been treated like a criminal.
Prosecuting Mr. Bajaj is not only prosecuting a responsible corporate
citizen who who has been completely co-operating with the Indian
authorities but will also set wrong precedents for the interpretation of
cyber law in India. This is bound to have a negative impact of future
electronic commerce, internet services and investments in India.
We pray and urge you to look into this matter so that justice may be
ensured in a speedy manner
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Prime Minister's Office, Home Minister, IT Minister - Govt of India
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