Saturday, April 13, 2013

E-Commerce Site Selling Adult Merchandise In India Are Committing Criminal Offences

Making of profit at the cost of violation of laws of the land is not a feasible option. However, in India this seems to be the norm. For instance, e-commerce websites in India are engaging in punishable soft porn publication and Indian government is sleeping over the matter.

The information technology act, 2000 (IT Act 2000) governs the internet intermediary laws in India and cyber due diligence. The IT Act 2000 is also the cyber law of India that deals with and regulates online dealings and transactions.

We have no dedicated e-commerce laws and regulations in India but the IT Act 2000 governs the civil and criminal aspects of e-commerce dealings in India. IT Act 2000 has also prescribed the internet intermediary liability in India.

There are well recognised legal requirements to start an e-commerce website in India and the legal formalities required for starting e-commerce business in India. As on date, the e-commerce websites are not following such techno legal requirements.

E-commerce websites dealing with online pharmacies, online gamming and gambling, online selling of adult merchandise, etc are openly and continuously violating the laws of India, including the cyber law of India.

According to Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal expert of Asia, E-Commerce Websites in India are not very keen in Complying with the Laws of India, especially the Cyber Law of India. What is more surprising is the fact that even the Indian Government has not thought it fit to regulate the E-Commerce Websites operating in India, says Dalal.

The Cyber Law of India prescribes stringent Cyber Law Due Diligence Requirements in India that E-Commerce player sin India must follow. If they do not follow Cyber Due Diligence, they can be Criminally Prosecuted by the Government, opines Dalal.

It seems the e-commerce websites selling adult merchandise like costumes and lingerie erotic lingerie are violating the laws of India. It is high time for Indian government to give due importance to law over private gains. It is also a good time for these e-commerce websites owners to understand that anonymity in the cyberspace is a myth and they can be nailed anytime.