Many couples, indulging in fun and frolics in the bedroom, or wherever else for
that matter, seem to not realise that letting their 'little secret' out to a
few close friends invariably means its distribution to a far greater audience.
In the modern day of broadband internet, that short, saucy shot is very likely
to have found itself on every file server there is before you've finished a
post-coital cigarette. A good night's sleep with a smile on one's face will turn
into a nightmare of a morning as you find you are headline news around the
world.
As recent events in India have shown, the repercussions can go much further than
sheer embarrassment.
When an Indian teenager made a short phone video of his girlfriend cheering him
up by administering a little oral relief in July, he could hardly have imagined
the consequences when he passed that video onto some of his friends.
After a short time, the video, having done its rounds in private, was offered
for sale on Bazee.com, an eBay subsidiary based in India. And that's when the
whole affair became an over-blown scandal.
Renowned for their conservativeness, where displays of even the most innocent
demonstrations of affection in public are frowned upon, the circulation of
what has been labelled a 'porn video' has caused uproar across Indian society.
That the two teenagers involved were from one of India's most prestigious
private schools has caused debate in itself, but the biggest issue is the
action the authorities have taken in response.
In India, as in many other countries, the distribution of 'offensive material'
is banned under many circumstances and the Information Technology Act of 2000
creates a criminal offence of, "publishing, transmitting, or causing to publish
any information in electronic form, which is obscene". In consequence the CEO of
Bazee.com, Avnish Bajaj, was arrested.
Having been held in Delhi's Tihar prison after an initial hearing, Bajaj has
been freed on bail, but still faces charges that he allowed the sale of
pornographic material on the web site. A conviction carries a maximum penalty
of five years imprisonment and a fine of more than $2,000.
The student who shot the video has been arrested, questioned by the police and
has been detained in a juvenile home. Both he and his girlfriend have been
expelled from their school. The person who placed the video up for auction has
also been questioned, and all could face charges.
The Information Technology Act allows a defence to Internet Service Providers
and Web Site Owners and mangers, and they can't be held responsible if they
act diligently to remove the source of offence once they learn of it. It is
therefore for the Indian Courts to decide if any offence has been committed by
Bajaj, to acquit him if not, or to convict and apply punishment if one has been.
On the face of it, there is little about the judicial process surrounding the
case which should raise any eyebrows at all, but it has caused much outrage and
indignation in America.
The biggest complaint has been that India's laws may be restricting the
ability of America to do business there and the lack of safeguards for companies
doing so.
This is viewed by many as being typical of American arrogance, where America
should be free to do whatever it damned well chooses without consequence or
punishment. But woebetide anyone who thinks they can do the same in the US of A
and expect to escape justice there. It's an attitude which is seen reflected in
America's withdrawal from, and rejection of, international agreements and
treaties, and in particular its refusal to accept the International Criminal
Court. With strong-arm bullying, the USA threatens those in receipt of billions
of dollars of aid to guarantee Americans unilateral immunity from prosecution or
face the loss of such aid. As America calls on the world to take tougher action
on criminals, blatant hypocrisy is highlighted once more.
Had Bajaj been an Indian citizen and Bazee.com a wholly Indian venture, then I
am sure that America would have joined India in criticising the distribution of
pornography and obscene materials and those who whore off its distribution
channels. Bajaj, although a resident in India, is however a naturalised American
citizen, and sold Bazee.com to eBay for $50 million in August. The case in
American eyes is therefore not seen as natural justice running its course, but
an attack upon its own and American businesses undertaken within India.
Henry Gomez, eBay Vice President said that the case has, "given us a pause
about the safeguards that are in place for businesses operating in India". A
rather peculiar thing to say, which infers that the Indian judicial process is
flawed, malicious and unsound. It is nothing short of saying, "we're a little
concerned that if we do something wrong, then we may get held to account, even
punished for it". That, Mr eBay, is what laws are for, and it's no different in
America than it is in India.
Discontent within the American IT industry over the case is massive, but amounts
to little more than a knee-jerk complaint that it appears they are unable to do
whatever they want and be allowed to get away with it. In short, they are saying
that the law is unfair and wrong. It's odd that they don't complain about the
laws in the USA which offer Americans similar protections against the
publication of offensive material. More hypocrisy at work; the American people
should be protected from offensive material, but Indians shouldn't.
Had an Indian national been purveying obscene material through an Indian owned
company in America, you can bet every cent you have that the authorities would
have taken action against them, and the authorities would would have been
condemned had they not.
Even the US Administration has become embroiled in the case, with Bajaj being
provided with consular assistance while Secretary of State, Colin Powell,
and the super-woman of the Bush Regime, Condaleeza Rice, are reported to be
taking an active interest, and airing their views on the situation.
While what's being said to the Indian government remains hidden behind the
closed doors of diplomatic channels, representatives of the US State Department
have publicly said that, "this situation is one of concern at the highest
levels of the US government".
At least one member of India's opposition party, the Bharatiya Janata Party,
accused the US of meddling in India's internal affairs. And it sure looks that
way.
It can't really be that the US Administration, with what we are told is one of
America's most moral men at its helm, is against laws which prohibit and punish
the distribution of offensive material. So what drives the US Administration to
take such an interest in the case and be so concerned about it ?
It really does look like America's complaint is that one of its citizens is
being called to justice, and that simply isn't on, for it's hard to see how
Indian law and the judicial process itself can be fairly criticised in this
case.
I mean; it's not like Bajaj was hauled off the street, detained without
trial, unable to see the evidence against him and refused the opportunity
to offer a defence. Imprisoned without prospect of release until the authorities
permit it, and tortured and abused while held.
That is, however, something we do see in the USA, or as some are starting to
call it; the United States of Hypocrisy.
