<!doctype html>
Google India Private Limited Vs Visakha Industries and Another (Supreme Court)
Summary: The appeal arose from a criminal complaint filed by M/s. Visakha Industries against Google India Private Limited and another accused, alleging that defamatory articles concerning the complainant had been published in the “Ban Asbestos India” group hosted on the Google platform. Google India, arrayed as the second accused, invoked Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the Magistrate’s summoning order. The complaint invoked Sections 120B, 500 and 501 read with Section 34 of the Indian Penal Code, 1860.
The complainant alleged that articles titled “Visaka Asbestos Industries making gains” and “Poisoning the system: Hindustan Times” had been disseminated in the group hosted by the appellant. A notice seeking withdrawal of the articles was issued in December 2008. Google India contended that Google LLC, its parent company, operated the Google Groups platform; that Google India had a separate legal identity and a limited role in India; and that it was not the intermediary responsible for the platform. It relied upon the Google Groups terms of service and submitted that the actual author/originator was responsible for uploaded content.
The Supreme Court examined the scope of the unamended Section 79 of the Information Technology Act, 2000, which was in force when the alleged acts commenced. The Court distinguished the provision as it originally stood from the substituted Section 79 that came into force on 27.10.2009. It held that the pre-substitution provision was confined to liability under the Information Technology Act, and the Rules and Regulations made thereunder. It did not create a legal bar against prosecution under other laws, including the IPC. Consequently, the appellant could not rely upon the erstwhile Section 79 as a complete shield against the complaint alleging criminal defamation.
