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Criminal LawSupreme Court of India

Google India Private Ltd. v. M/s. Visakha Industries

Criminal Appeal · 2019 INSC 1352Decided 10 Dec 2019
Criminal Appeal No. 1987 of 2014
Justice Ashok Bhushan · Justice K.M. Joseph

Background

An asbestos-manufacturing company filed a criminal defamation complaint after allegedly defamatory articles about it were posted on an online group called "Ban Asbestos India," hosted on a platform operated by Google. Google India was summoned by the Magistrate as an accused for abetting defamation (along with the group's coordinator), on the theory that it failed to remove the posts despite being notified. Google India sought to have the summoning order quashed under Section 482 CrPC, arguing it was merely an intermediary (not even the correct corporate entity, since the website was run by its US parent) and was protected from liability for third-party content.

Decision Breakdown

The Supreme Court held that whether Google India (as opposed to its US parent, Google LLC) was actually the relevant "intermediary," and whether it genuinely had the technical power to remove the posts, were disputed factual questions that could not be resolved at the quashing stage and must go to trial. On the key legal question, the Court held that Section 79 of the Information Technology Act, as it stood before its 2009 amendment (the version in force when the posts were made), did not grant intermediaries protection from criminal liability for offences like defamation under Sections 499/500 IPC: that broader "safe harbour" protection only came with the later amendment and the Supreme Court's subsequent reading-down of the law in Shreya Singhal v. Union of India. It set aside the High Court's specific findings on Google's alleged refusal to act on the takedown notice (since that too involved disputed facts), but otherwise declined to quash the proceedings, directing the Magistrate to proceed with the trial while leaving all other contentions open for the parties to raise there.

Lesson Learnt

Internet intermediaries are not automatically shielded from liability for defamatory content posted by third parties on their platforms: the extent of legal protection depends on which version of the law applied at the relevant time, and disputed questions like whether a company qualifies as the "intermediary" and whether it had the real ability to remove content are matters for trial, not something a court will resolve by simply quashing the case at the outset.

Google India Private Ltd. v. M/s. Visakha Industries – Legal Case Shots | LegalAware