In Brief
Google India challenged criminal proceedings initiated against it for allegedly defamatory posts on its platform. Google claimed immunity as an intermediary under Section 79 of the Information Technology Act, 2000. The Supreme Court held that Section 79 provides a statutory bar to criminal liability that affects the Magistrate's jurisdiction. While the Court did not quash the proceedings, it recognized that the statutory protection, if properly applicable, shields the intermediary from criminal liability. However, the Court allowed other defences to be raised during the proceedings and declined to remand the matter after over a decade of pendency.
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