With great (social media) influence comes great responsibility. This is the essence of the new CCPA guidelines. Here: This is not a new development. ASCI had earlier come up with similar guidelines for influencers/celeb endorsers. However, the same were observed more in their breach than in compliance. This was because ASCI guidelines are only advisory/persuasive…
The Certificate u/s 65B is not required to be on an affidavit. Though normally to be filed along with the electronic record (print-out, USB drive, etc), it can be filed subsequently too, either as a supplementary chargesheet, or by resort to S.311/391 of the CrPC. In Civil cases, the certificate can be brought on record subsequently by relying upon…
First published on Bar & Bench Like it or not, we are all part of various WhatsApp groups. In fact, nearly all of us are in more groups than we’d prefer. From project groups to groups for every legal file that comes into office, or the random temporary group that was created for a brief…
By Bharat Chugh. [1] First published one SCC Online Blog here. On the legality of compelling an accused to disclose his smartphone/laptop password, or open his phone through face-scan, or fingerprint and the constitutional protection against self-incrimination. Our smartphones are an extension of our minds and souls. Our deepest desires. Our darkest secrets. Our smartphones know…
A Guest Post by the very articulate lawyer Siddharth Shivakumar. First published on his blog ‘Quoting The Courts‘, accessible here. Here goes: The recent Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has caused quite a stir and has left Indian netizens confused and worried about the future of the social media…
An interesting guest post by the very talented Shreyash Sharma (4th Year, National Law University Odisha) & Gultash Guron (Final Year, Campus Law Centre Delhi) where they examine a rather vexed question relating to the scope of the protection against self incrimination in the context of phone passcodes (face scans, finger prints) and the fundamental…
Issues How to prove an email in a court case ?; What is the manner in which a voice/video recording is to be led before the court and proved in evidence ?; How to prove electronically maintained Bank Statements ?; How to prove a Facebook, Twitter post, a WhatsApp message or an SMS ?; The…
Bharat Chugh 