Skip to main content

The decision in Shreya Singhal v Union of India by the Supreme Court striking down the much maligned Section 66A of the Information Technology Act, 2000 is undoubtedly a watershed judgment in Indian Constitutional jurisprudence.

A closer reading of the judgment however reveals that it could have wider ramifications in a realm much beyond the traditional free speech context. Amidst the various challenges that were posed to the apex court as regards provisions contained in the IT Act, a petition moved by the IAMAI (Internet & Mobile Association of India) sought to have another provision in the IT Act struck down as being unconstitutional. The petition challenged Section 79 of the IT Act which grants an exemption to intermediaries from being held liable for third party information which is hosted through their platforms on the internet.

As this article will discuss, while ruling on the intermediary section, the Supreme Court eviscerated well-established mechanisms for countering online counterfeiting. This article posits that while the intent of the Supreme Court was noble, it did not perhaps fully consider the ramifications of its decision specifically in the context of Section 79 of the IT Act and, as a result, on online counterfeiting.

This article was published in 2015.

To continue reading, please contact us email@anandandanand.com

Most Recent

News & Insights

VIEW ALL
News & Updates
Sep 15, 2025

Aishwarya Rai Bachchan & Abhishek Bachchan personality rights case Dhruv Anand talks to PTI TV about the significance of the order passed by the Delhi

Aishwarya Rai & Abhishesk Bachchan personality rights: Dhruv Anand’s exclusive with PTI TV
News & Updates
Sep 12, 2025

Aishwarya Rai Bachchan personality rights case: As Delhi HC grants interim protection to the Actor, Mr Pravin Anand spoke exclusively to ANI (Asian News

Aishwarya Rai personality case: Pravin Anand’s exclusive with ANI
News & Updates
Sep 12, 2025

Team Anand and Naik recently represented Mr. Abhishek Bachchan before the Delhi High Court, helping him secure his personality and publicity rights. Hon’ble

Team Anand and Naik Secures Personality Rights Protection for Mr. Abhishek Bachchan
News & Updates
Sep 11, 2025

Team Anand and Naik recently represented Mrs. Aishwarya Rai Bachchan before the Delhi High Court, helping her secure protection of her Personality and

Team Anand and Naik Secures Personality Rights Protection for Mrs. Aishwarya Rai Bachchan