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
Jan 02, 2026

On 24th December, 2025, Delhi High Court delivered a groundbreaking judgment in Colgate Palmolive Company & Anr. v. NIXI & Anr. (CS(COMM) 193/2019), addressing

LANDMARK RULING ON DOMAIN NAME FRAUD AND SYSTEMIC REFORMS IN DIGITAL COMMERCE
Thought Leadership
Jan 01, 2026

First published on Enterprise IT World. Authored by Subroto Kumar Panda As we stand on the final day of 2025, reflecting on a year of dizzying

The Great Dissolve: Re-Engineering Enterprise Workflows for the 2026 AI Paradigm
Thought Leadership
Dec 19, 2025

First published on Express Computer. Authored by Subroto Kumar Panda The notification of the Digital Personal Data Protection (DPDP) Rules, 2025, marks

The DPDP: An 18-month compliance imperative for the C-suite
News & Updates, Thought Leadership
Dec 16, 2025

‘First published on India Business Law Journal’ By: Pravin Anand and Dr. Ajai Garg Artificial Intelligence (AI) is fuelling one of the most significant

Law can keep us safe from superintelligence