FREE SOFTWARE MOVEMENT

KARNATAKA
www.fsmk.org
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Clarifcations regarding the Amendment
of the Goonda Act
The latest 2014 amendment of the Goonda Act includes Digital Ofenders also under the
purview of the Act. It defnes the Digital Ofenders as the following:
!"igital #$enders! means %an& person who 'nowingl& or deli(eratel& violates) for commercial
purposes) an& cop&right law in relation to an& (oo') music) flm) software) artistic or scientifc
wor' and also includes an& person who illegall& enters through the identit& of another user and
illegall& uses an& computer or digital networ' for pecuniar& gain for himself or an& other person
or commits an& of the o$ences specifed under sections *+) *,) *-) +0) +1) +2) +.) +4 and +/
of the Information Technolog& Act) 2000.%0 112
3ith respect to this) we would re4uest &our opinion on the following 4uestions that arises:
15 3ith the e6isting IT Act 2000 and 7op&right 8aw 201.) how does inclusion of digital
ofender in Goonda Act help in ma'ing o$enders more culpa(le9 "oes it change with respect
to evidence needed to prove the o$ence or does it change the punishments to the o$enders9
25 7op&right violations are currentl& civil o$ence) however with the inclusion of digital ofenders
in the Goonda Act) it will (e made into a criminal o$ence. Is it an intended conse4uence9 If so)
what are the reasons which has made government ta'e this step9
.5 Goonda Act is mainl& to ta'e preventive measures for things which might harm pu(lic order.
:ow does 7op&right violations (e related to pu(lic order9
45 7op&right and telecommunications are e6clusivel& central su(;ects) can state ma'e laws for
the same9
/5 In the past) we have seen cases where impersonination of identities in the digital world to
defame the individuals. 3ith inclusion of cop&right violations under Goonda Act) will it not open
doors to lot of misuse9
*5 Actions in the digital world includes a lot a(out people e6pressing themselves. <ince
Goonda Act is mainl& a(out =reventive 7ustod& for ha(itual o$enders) appl&ing it to digital
world) will it not impact the >reedom of <peech and ?6pression of the person as the person is
restrained even (efore the action9
3e will (e grateful if &ou can give us &our opinions on the a(ove 4uestions.