Case Note & Summary
The case involved a criminal complaint filed by a public limited company against the appellant, Google India Private Limited, alleging defamation due to articles published in a group hosted by the appellant. The complaint cited Sections 120B, 500, and 501 of the Indian Penal Code, 1860, claiming that the articles contained defamatory statements that harmed the complainant's reputation. The appellant sought to quash the Magistrate's order summoning it under Section 482 of the Code of Criminal Procedure, 1973, arguing that it was merely an intermediary and not liable for the content published by the first accused. The High Court dismissed the petition, stating that Section 79 of the Information Technology Act, 2000, did not exempt the appellant from liability, especially since it failed to act upon the notice regarding the defamatory content. The court noted that the appellant's inaction in blocking the material after being notified disqualified it from claiming any exemption under the Act. The court emphasized that the complaint was valid as it involved serious allegations of defamation, and the appellant's role as an intermediary did not absolve it of responsibility. The Supreme Court upheld the High Court's decision, reinforcing the principle that intermediaries must exercise due diligence to avoid liability for third-party content.
Headnote
A) Criminal Law - Defamation - Liability of Intermediaries - Indian Penal Code, 1860, Sections 500, 501 - The court held that an intermediary could be held liable for defamation if it fails to take action against defamatory content after receiving notice, as per Section 79 of the Information Technology Act, 2000. The appellant did not act to block the defamatory articles despite being notified, thus failing to claim exemption from liability (Paras 8-10).
Issue of Consideration
Whether the appellant, as an intermediary, could be held liable for defamation under the Indian Penal Code.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's ruling that the appellant could not claim exemption from liability under Section 79 of the Information Technology Act, 2000, due to its inaction in blocking the defamatory content after being notified.
Law Points
- Defamation
- Liability of Intermediaries
- Section 79 IT Act
- 2000
- Section 500 IPC
- Section 501 IPC
- Section 482 CrPC
