1. Licensing Form 2. UN Report 3. Johnson 4. Vicomsoft 5. Isenberg 6. Dilemma 7. China 8. Morris 9. Court Order 28/9/01 10. Reno I 11. Reno II 12. Reno III 13. Reno IV

ANNEXURE 9
HIGH COURT ORDER DATED 28.9.2001

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O. O. C. J.

WRIT PETITION NO. 1611 OF 2001

Mr. Jayesh S. Thakkar & Another ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...Petitioners

versus

State of Maharashtra & Others ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... Respondents

And

Internet Users Community of India ... ... ... ... ... ... ... ... ... ... ... … ... ... ... ... ... ... ... ... ...Intervenors

 

CORAM :	B. P. SINGH, CJ
	DR. D. Y. CHANDRACHUD, J
DATE :	28th September 2001

MINUTES OF THE ORDER

 

1. A Special Committee is hereby constituted comprising the following persons:

(a) Deputy Commissioner of Police (EOW) or his representative;

(b) Chairman and Managing Director of the Videsh Sanchar Nigam Limited;

(c) Vijay Mukhi or any one other duly authorised representative of the Internet Users Community of India;

(d) Shri S. K. Nair, Advocate

(e) Shri G. S. Patel, Advocate

2. One authorised representative of the Internet Service Providers Association of India and Mr Jayesh Thakkar, the 1st Petitioner or, in his absence, the 2nd Petitioner, shall be Special Invitees to and shall assist the aforesaid Special Committee.

3. The Committee shall make a report to this Court suggesting/recommending ways, measures and means to protect/shield minors from access to pornographic and obscene material on the Internet. The Committee shall specifically direct its attention to (but not limited to) the following terms of reference, viz.,

(a) To consider the feasibility of requiring all Internet Service Providers (ISPs) – meaning those parties that provide connectivity – to actively bring to the attention of their subscribers the dangers of unsupervised use of the Internet by children and possible solutions, including by having suitable information on their websites, by means of email newsletters and by providing affordable/free software suitable for protecting minors;

(b) To consider the feasibility of introducing measures for the regulation of cyber cafés, including introducing a system of issuing licenses to new and existing cyber cafés; and suggesting measures, policies and options for the same, along with such other measures as the Committee thinks appropriate.

(c) To consider the feasibility of every ISP or other service provider being required to set up a special help desk and/or hotline and/or online form or service for reporting abuse or misuse of the ISP’s services;

(d) To suggest additional terms and conditions for inclusion in the license of each ISP with the above objective;

(e) To suggest such other measures as the Committee thinks appropriate and necessary to protect/shield minors from access to pornographic and obscene material on the Internet.

4. The Committee shall submit a report of its findings and recommendations to this Court on or before 10th December 2001.

5. It is clarified that the Special Committee shall be entitled to draw on or call for additional expert opinion or advice on technology and law if it deems fit and shall be entitled to invite experts to advise the Committee during its deliberations.

6. The Committee shall hold its meetings at the offices of the Deputy Commissioner of Police (EOW) or at such other place as the Committee members may decide.

7. Liberty to the parties to apply.

8. Matter adjourned to 1st November 2001.