Bazee.com Once Again

We agree with much opinion in Indian media -- much like Pragmatic's -- that the law needs to be clarified so that it creates appropriate legal space for e-commerce to flourish in India. We also think the newly clarified law should lay down clear provisions and responsibilities on e-commerce service providers so as to address compelling State interests -- e.g. curb on exceedingly reprehensible conduct like peddling of child pornography.

While no e-commerce service provider can possibly police all transactions on its website -- rather, it can undertake to stop any illegal activity brought to its attention -- it can, and should be made to, monitor and disallow activities that exceed pre-defined red lines.

For example, if stolen goods are being peddled via Bazee.com, an after the fact curb on the activity (i.e. after some transactions have occured) still suffices because the perpetrators can be traced, and victims can be recompensed. In other instances that clearly transgress all possible redlines -- e.g. peddling of child pornography or solictation of murder -- after the fact curbs are insufficient -- because the victims can never be recompensed. Here, the only available approach is to curb the activity before any transaction is listed, or completed.

There is no reason to believe that technology does not exist to achieve this. If e-commerce service providers still offer lame excuses against even this basic requirement, then it's clear they place their profit needs ahead of even the most compelling of State and Societal interests. This is unacceptable.