GOOGLE INDIA PRIVATE LIMITED versus M/S. VISAKHA INDUSTRIES

GOOGLE INDIA PRIVATE LIMITED versus M/S. VISAKHA INDUSTRIES

Section 79 of the Information Technology Act, as it stood prior to substitution, did not protect intermediaries against charges for defamation under Section 499/500 IPC; the question of whether appellant is the intermediary and liable is a matter for trial and cannot be decided under Section 482 proceedings at this stage.

Parties
Appellant: Google India Private Limited; Respondent: M/S. Visakha Industries
Jurisdiction
India
Judgment Date
10 December 2019
Procedural Posture
Criminal Appeal / Disposal of Appeal Against High Court Order Under S.482 Cr PC
Outcome
Appeal disposed of
Legal Topics
Defamation, Intermediary Liability, Quashing of Proceedings, Section 79 of IT Act, Section 482 Cr PC, Section 499/500 IPC
Criminal Law Information Technology Law Defamation Intermediary Liability Quashing of Proceedings Section 79 of IT Act Section 482 Cr PC Section 499/500 IPC

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Parties

Google India Private Limited

Appellant

M/S. Visakha Industries

Respondent

Procedural Posture

Criminal Appeal / Disposal of Appeal Against High Court Order Under S.482 Cr PC

Legal Issues

  1. 1 Whether an intermediary is protected from liability for defamation under Section 79 of the Information Technology Act, 2000, as it stood prior to substitution.
  2. 2 Whether Google India Pvt. Ltd. is the intermediary, or only Google LLC.
  3. 3 Whether refusal to remove objectionable content amounts to publication and liability under Section 499/500 IPC.

Ratio Decidendi

Section 79 of the Information Technology Act, as it stood prior to substitution, did not protect intermediaries against charges for defamation under Section 499/500 IPC; the question of whether appellant is the intermediary and liable is a matter for trial and cannot be decided under Section 482 proceedings at this stage.

Court Disposition

Appeal disposed of

Orders

  • Findings of High Court regarding refusal to respond to notice to remove are set aside.
  • Magistrate to proceed with the complaint; all contentions except those pronounced are left open for trial.