Editor: I. Mallikarjuna Sharma Volume 11: 15-31 March 2015 No. 5-6

ISC-172 Shreya Singhal v. Union of India [IND-SC] (2015) 1 LAW
117. Section 79(3)(b) has to be read down to mean that
the intermediary upon receiving actual knowledge that
a court order has been passed asking it to expeditiously
remove or disable access to certain material must then
fail to expeditiously remove or disable access to that
material. This is for the reason that otherwise it
would be very difficult for intermediaries like
Google, Facebook etc. to act when millions of
requests are made and the intermediary is then to
judge as to which of such requests are legitimate
and which are not. We have been informed that in
other countries worldwide this view has gained
acceptance, Argentina being in the forefront. Also,
the Court order and/or the notification by the
appropriate Government or its agency must strictly
conform to the subject matters laid down in Article
19(2). Unlawful acts beyond what is laid down in
Article 19(2) obviously cannot form any part of
Section 79. With these two caveats, we refrain from
striking down Section 79(3)(b).
(emphases ours)
118. The learned Additional Solicitor General
informed us that it is a common practice
worldwide for intermediaries to have user
agreements containing what is stated in Rule 3(2).
However, Rule 3(4) needs to be read down in the
same manner as Section 79(3)(b). The knowledge
spoken of in the said sub-rule must only be
through the medium of a court order. Subject to
this, the Information Technology (Intermediaries
Guidelines) Rules, 2011 are valid.
119. In conclusion, we may summarize what has
been held by us above:
(a) Section 66A of the Information
Technology Act, 2000 is struck down in
its entirety being violative of Article
19(1)(a) and not saved under Article
19(2).
(b) Section 69A and the Information
Technology (Procedure & Safeguards for
Blocking for Access of Information by
Public) Rules 2009 are constitutionally
valid.
(c) Section 79 is valid subject to Section
79(3)(b) being read down to mean that an
intermediary upon receiving actual
knowledge from a court order or on being
notified by the appropriate government or
its agency that unlawful acts relatable to
Article 19(2) are going to be committed
then fails to expeditiously remove or
disable access to such material. Similarly,
the Information Technology “Intermediary
Guidelines” Rules, 2011 are valid subject
to Rule 3 sub-rule (4) being read down in
the same manner as indicated in the
judgment.
(d) Section 118(d) of the Kerala Police Act is
struck down being violative of Article
19(1)(a) and not saved by Article 19(2).
All the writ petitions are disposed in the above
terms.
* * * * *
FORM IV
(See Rule 8)
Statement about ownership and other particulars of newspaper
LAW ANIMATED WORLD
1. Place of Publication HYDERABAD
2. Periodicity of Publication Fortnightly
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and address
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5. Editor’s name, nationality and
address
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individuals who own the
newspaper and partners or
shareholders holding
I. BALAMANI,
INDIAN, 6-3-1243/156,
M.S. Makta,
HYDERABAD - 500 082.
I. BALAMANI,
INDIAN, 6-3-1243/156,
M.S. Makta,
HYDERABAD - 500 082.
I. MALLIKARJUNA
SHARMA, INDIAN,
6-3-1243/156, M.S. Makta,
HYDERABAD - 500 082.
I. BALAMANI,
INDIAN, Sole Owner,
6-3-1243/156,
M.S. Makta,
HYDERABAD - 500 082.
I, I. BALAMANI, hereby declare that the particulars given
above are true to the best of my knowledge and belief.
Date: 31-03-2015
Sd/- I. Balamani
Signature of Publisher
Law Animated World, 15-31 March 2015
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