The judgment brings intermediary liability in India in line with the international position, and should encourage e-commerce start-ups
The Supreme Court’s decision in the Shreya Singhal case striking down the draconian Section 66A has garnered much applause and rightly so. The decision, in fact, re-emphasises the need to respect the fundamental freedom of speech and expression that every citizen is entitled to.
The massive impact of the decision to strike down Section 66A, to some extent, dwarfed some other observations of the Court concerning an equally important provision of information technology, one that can influence e-commerce positively. Section 79 of the Information Technology Act deals with the liabilities of an ‘intermediary’.