Instead of giving any clarification from provident, they have sent following notice mail to remove this discussion. Respecting the same we have removed it.
The message was sent from a guest who specified the following contact
information:
Name: Sagar Mehra
E-mail address: Sagar.mehra@consultant.com
IP Address: xxx.x.xx.xxx
Message sent to you follows
~~~~~~~~~~~~~~~~~~~~~~~~~~~
To whom so ever it may concern
Sir,
I want to bring your concern to a very serious matter. The link
"http://mybdasites.com/viewtopic.php?t=7962" hosted on your website
contains the content that is defacing my Client's reputation and affecting
his Business and Social Life in a negative manner. As the Administrator of
that Website you have the power to remove that particular post,
Let us know that what you wish to do regarding this matter. This is the
last but, effective
Statement to you for the removal of this link.
Due to this content the following laws has been violated by your website:
According to Section 499 of Indian Penal Code
Whoever, by words either spoken or intended to be read, or by signs or by
visible representations, makes or publishes any imputation concerning any
person intending to harm, or knowing or having reason to believe that such
imputation will harm, the reputation of such person, is said, except in the
cases hereinafter expected, to defame that person.
Explanation 1
It may amount to defamation to impute anything to a deceased person, if the
imputation would harm the reputation of that person if living, and is
intended to be hurtful to the feelings of his family or other near
relatives.
Explanation 2
It may amount to defamation to make an imputation concerning a company or
an association or collection of persons as such.
Explanation 3
An imputation in the form of an alternative or expressed ironically, may
amount to defamation. Section 500 prescribes the punishment in such cases:
Whoever defames another shall be punished with simple imprisonment for a
term, which may extend to two years, or with fine, or with both.
66E Punishment for violation of privacy
Whoever, intentionally or knowingly captures, publishes or transmits the
image of a private area of any person without his or her consent, under
circumstances violating the privacy of that person, shall be punished with
imprisonment which may extend to three years or with fine not exceeding two
lakh rupees, or with both Explanation.- For the purposes of this section–
(a) “Transmit” means to electronically send a visual image with the
intent that it be viewed by a person or persons;
(b) “Capture”, with respect to an image, means to videotape, photograph,
film or record by any means.
(c) “Private area” means the naked or undergarment clad genitals, pubic
area, buttocks or female breast;
(d) “publishes” means reproduction in the printed or electronic form and
making it available for public;
(e) “Under circumstances violating privacy” means circumstances in which
a person can have a reasonable expectation that–
(i) "He or she could disrobe in privacy, without being concerned that
an image of his private areaways being captured; or
(ii) "Any part of his or her private area would not be visible to the
public, regardless of whether that person is in a public or private place.
Regards And Thanks
Sagar Mehra
Senior Lawyer
Consumer Court Tamil Nadu
Tamil Nadu State Consumer Disputes Redressal Commission,
Slum Clearance Board Building, II Floor, (Southern Wing), No.212, R.K. Mutt
Road, Mylapore,
CHENNAI – 600 004