The Supreme Court of India has ruled that the pre-2008 Section 79 of the IT Act does not provide immunity to intermediaries against defamation claims under the IPC, allowing factual issues to proceed to trial.
SC on IT Act Section 79 and IPC Defamation
The Supreme Court has held that the pre-2008 Section 79 of the Information Technology Act does not serve to protect intermediaries from allegations of defamation as prescribed under the Indian Penal Code (IPC). This ruling allows the factual determination of such cases to be addressed in trial courts.
In this landmark decision, the court underscored the need for intermediary liability in cases where content may infringe on personal dignity or reputation, thereby setting a precedent for how similar cases will be approached in the future. The court's reasoning was rooted in balancing the protections intended for intermediaries with the rights of individuals against defamation.
Legal practitioners, especially those specializing in media and technology law, should closely observe this verdict as it reshapes the landscape of intermediary liability, emphasizing that intermediaries cannot escape accountability when facing claims of defamation.
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