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138. The finding by the High Court that in the case on hand, in spite of the complainant issuing notice, bringing it to the notice of the appellant about the dissemination of defamatory matter on the part of the first accused through the medium of appellant, appellant did not move its little finger to block the said material to stop dissemination and, therefore, cannot claim exemption under Section 79 of the Act, as it originally stood, is afflicted with two flaws. In the first place, the High Court itself has found that Section 79, as it originally was enacted, had nothing to do with offences with laws other than the Act. We have also found that Section 79, as originally enacted, did not deal with the effect of other laws. In short, since defamation is an offence under Section 499 of the IPC, Section 79, as it stood before substitution, had nothing to do with freeing of the appellant from liability under the said provision. Secondly, there is a case for the appellant that on receipt of notice, the appellant, as a gesture, forwarded its complaint to its Parent Company Google LLC which called for the details by its letter dated 06.01.2009. The complaint came to be filed on 21.01.2009. We do not think that the High Court was justified, therefore, in entering findings in the manner it was done. Further, the High Court has not taken into consideration the distinction between blocking and a takedown.

151. The problem arises in this way however. It is while considering a challenge to Section 79 of the Act, after it was substituted with effect from 27.10.2009 and considering the Rules made in the year 2011 also, and a challenge to the same also, that in Shreya Singhal (supra), the provisions were read down to mean that Section 79(3)(b) of the Act and Rule 3(4) of the Rules, would require an internet service operator to takedown third-party information not on mere knowledge of objection to its continuance but after there has been an impartial adjudication as it were by a court. To focus more on the problem, it must be pointed out that in the facts of this case, the acts constituting the alleged offence under Section 499 of the IPC, were done not when Section 79, after its substitution, was in place. The Rules were enacted in the year 2011. In such circumstances, what we are asked to do is to import in the principles into the factual matrix when Section 79 was differently worded and in proceedings under Section 482 of the Cr.PC. It is, undoubtedly, true that Article 19(1)(a) and Article 19(2) of the Constitution of India were very much available in 2008 and 2009 though Section 79 was in its erstwhile avtar. In other words, will it not be open to the appellant, assuming it to be the intermediary, to contend that it cannot be called upon to remove, defamatory matter comprised in any third-party information without there being a court order?