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Aniket Giri (ADVOCATE)     08 December 2010

WEBSITE LAUNCHING!!!

WHAT ARE THE LEGAL COMPLICATIONS WHILE LAUNCHING A WEBSITE....???

 

PLEASE DO REPLY...

THANX IN ADVANCE



Learning

 9 Replies

A V Vishal (Advocate)     08 December 2010

What Content is the site hosting? Generally Cyber & IPR laws govern such websites.

Roshni B.. (For justice and dignity)     08 December 2010

Yes,I too want to know the same..

 

Request any legal expert to advise accordingly!!

 

Thanks..

Aniket Giri (ADVOCATE)     08 December 2010

Okay....I will ask the client and repost he query!!

Democratic Indian (n/a)     08 December 2010

 

If your client is going to host the website on the web server that is physically located within the territory of India, then mainly the following will apply:

 

The State will not be able to do anything as long as the content of the website is within the scope and meaning of Article 19(1)(a), Article 21 and the users of the website are reading/observing the content within the scope and meaning of rights under Article 19(1)(a),  Article 21.

 

If your client is hosting the website on the web server that is not physically located within the territory of India, then mainly the laws of the country under whose jurisdiction the web server is physically located will apply. In this case it would be appropriate to consult the web hosting company of that particular country.

Joydeep Nath (Attorney)     09 December 2010

I agree with Democ. Indian. However, Indian cyber law may still apply for sites that have effect in India or perused here. This is a grey area in cyber law.  When launching a website, do take care of the following:

1. make sure the look and contents are not plagiarised

2. nothing objectional or vulgar or anything against the law is put up

3. must have proper disclaimers

4. the website policies such as privacy policy etc. should be there and easily visible on each page

5. the contents should not violate any exisitng 3rd party IPR

6. the contents and claims made in the site must be justifiable or else may get into trouble with your customers/ clients

7. avoid deep embedding third party websites without permission

Further, you may also consider filing for copyright registration of the site as wel as TM filing of your logo if not already done

Ravindra Nath Tripathi (Lawyer)     09 December 2010

Each publication in India is governed by the constitutional right to freedom of speech and expression. In the same way it is also governed by the law of defamation. Remaining points have been well addressed by the experts, need no further comment. 

leena Sharma (law and law training )     10 December 2010

Website hosting is governed by the law of country where server is located.

indian cyber laws mainly cover the digital commercial transactions.

indian cyber space is governed by all laws of civil and criminal in general.

pankaj (lawyer)     16 September 2011

R/sir,
I am an ADv. from a small town. a client approached to me. he wants to launch his website mainly for softwares, and online games based on money transaction. guide me.
thanking you,
sincerely thanks.

Democratic Indian (n/a)     26 September 2011

If you read the seven points listed in the reply of Joydeep Nath, they pretty much sum up everything. Do you still have any specific query unanswered? Ensure the online games played do not fall within the meaning of gambling under the gambling act. Since money transactions will be done, ensure proper security of the transactions and the related details stored on the website.

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