NDLI: Google India Private Limited Vs. M/s. Visakha Industries

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Scope of iterference Law of defamation s.482 Cr.P.C
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Code of Criminal Procedure, 1973: s.482 – Scope of interference – Complaint instituted by first respondent company in January, 2009 under ss.120B, 500 and 501 r/w s.34 IPC and it related to an offence which perpetuated from 31.07.2008 onwards – Case of complainant was that it was engaged in the business of cement sheets – The first accused was the Coordinator of a group hosted by the appellant which allegedly published an article defaming the complainant – Summoning order by Magistrate – Appellant-second accused filed petition under s.482 seeking to quash the summoning order – High Court held that s.79 of the Information Technology Act, 2000 exempted the Network Service Provider from liability only when it proved that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence and that this being a question of fact cannot be decided by High Court in s.482 petition – High Court also noted that the intermediary could not claim exemption in case he fails to expeditiously remove or disable access to the objectionable material or unlawful activity, even after receiving actual knowledge thereof and that since in this case appellant did not take a single step to block the material or to stop dissemination of objectionable material in spite of the notice issued by complainant to that effect, appellant was not entitled to exemption under s.79 of the Act, prior to its substitution, or s.79 of the Act, after its substitution, which took effect from 27.10.2009 – Aggrieved appellant filed instant appeal – Held: As to whether the appellant was justified in not complying with the request for removal of objectionable posts, involves question as to whether the appellant was the intermediary, which is not permissible in proceedings under s.482 – The question whether being a subsidiary of Google LLC, the appellant is an independent body which is not to be mulcted with liability, is not to be gone into in s.482 petition – Also as to whether there is justification for the Parent Company in requiring the complainant to provide the URL so that the offending post could be identified and dealt with and dehors it whether it could remove the post, is again a matter, which could not be gone into the proceedings under s.482 – Magistrate to proceed with the complaint – Information Technology Act, 2000 – s.79 – Penal Code, 1860 – ss.499/500. Penal Code, 1860: ss.499 and 450 – Law of defamation – Discussed.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2019 INSC 1352
Petitioner	Google India Private Limited
Respondent	M/s. Visakha Industries
SCR	[2019] 17 S.C.R. 661
Judgement Date	2019-12-10
Case Number	1987

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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