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1 - 10 of 11 (0.40 seconds)The Information Technology Act, 2000
Section 79 in The Information Technology Act, 2000 [Entire Act]
Zee Telefilms Ltd. & Anr vs Union Of India & Ors on 2 February, 2005
10. X Corp. provides a digital platform for communication and social
interaction. It serves as a medium for public discourse, facilitating the
exchange of information and ideas on a scale that is both vast and
instantaneous. Importantly, it is a privately owned entity that operates
without specific governmental delegation or statutory obligations to perform
any public duty. While 'X' plays a critical role in information dissemination
and influencing public opinion, its core function is to provide a platform for
2
Zee Telefilms Ltd v. Union of India (2005) 4 SCC 649; See also: Andi Mukta Sadguru Shree Muktajee
Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691
3
G Bassi Reddy v International Crops Research Institute (2003) 2 SCC 225 Ramesh Alhuwalia v. State
of Punjab (2012) 12 SCC 331
Signature Not Verified
Digitally Signed W.P.(C) 10030/2024 Page 6 of 9
By:SAPNA SETHI
Signing Date:02.08.2024
18:01:44
expression--a service that has 'public discourse' as consequence, yet is
private in operation. There is no directive, statutory or otherwise, from the
government that delegates traditional state functions to 'X'. The platform is
not mandated to carry out public duties. 'X' is voluntary and user-driven,
distinguishing it from entities that operate under a compulsion of law or
provide services that are essential public utilities. The Supreme Court's
judgments involving non-state actors like private schools are illustrative.
These entities have been considered amenable to writ jurisdiction under
Article 226 when performing functions like education4 due to the public
nature of these services and often due to specific regulatory frameworks
governing their operations. In contrast, the function of 'X' as a
communication platform, does not align with these precedents as it lacks
statutory compulsion. Furthermore, the function or service of providing a
platform for communication or social interaction cannot be called be a
function similar to that of a governmental function or integral to state
functions. Thus, it cannot be said that X Corp performs a public function or
discharges a public duty.
Anandi Mukta Sadguru Shree Mukta ... vs V.R. Rudani & Ors on 21 April, 1989
10. X Corp. provides a digital platform for communication and social
interaction. It serves as a medium for public discourse, facilitating the
exchange of information and ideas on a scale that is both vast and
instantaneous. Importantly, it is a privately owned entity that operates
without specific governmental delegation or statutory obligations to perform
any public duty. While 'X' plays a critical role in information dissemination
and influencing public opinion, its core function is to provide a platform for
2
Zee Telefilms Ltd v. Union of India (2005) 4 SCC 649; See also: Andi Mukta Sadguru Shree Muktajee
Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691
3
G Bassi Reddy v International Crops Research Institute (2003) 2 SCC 225 Ramesh Alhuwalia v. State
of Punjab (2012) 12 SCC 331
Signature Not Verified
Digitally Signed W.P.(C) 10030/2024 Page 6 of 9
By:SAPNA SETHI
Signing Date:02.08.2024
18:01:44
expression--a service that has 'public discourse' as consequence, yet is
private in operation. There is no directive, statutory or otherwise, from the
government that delegates traditional state functions to 'X'. The platform is
not mandated to carry out public duties. 'X' is voluntary and user-driven,
distinguishing it from entities that operate under a compulsion of law or
provide services that are essential public utilities. The Supreme Court's
judgments involving non-state actors like private schools are illustrative.
These entities have been considered amenable to writ jurisdiction under
Article 226 when performing functions like education4 due to the public
nature of these services and often due to specific regulatory frameworks
governing their operations. In contrast, the function of 'X' as a
communication platform, does not align with these precedents as it lacks
statutory compulsion. Furthermore, the function or service of providing a
platform for communication or social interaction cannot be called be a
function similar to that of a governmental function or integral to state
functions. Thus, it cannot be said that X Corp performs a public function or
discharges a public duty.
G. Bassi Reddy vs International Crops Research Instt. & ... on 14 February, 2003
10. X Corp. provides a digital platform for communication and social
interaction. It serves as a medium for public discourse, facilitating the
exchange of information and ideas on a scale that is both vast and
instantaneous. Importantly, it is a privately owned entity that operates
without specific governmental delegation or statutory obligations to perform
any public duty. While 'X' plays a critical role in information dissemination
and influencing public opinion, its core function is to provide a platform for
2
Zee Telefilms Ltd v. Union of India (2005) 4 SCC 649; See also: Andi Mukta Sadguru Shree Muktajee
Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691
3
G Bassi Reddy v International Crops Research Institute (2003) 2 SCC 225 Ramesh Alhuwalia v. State
of Punjab (2012) 12 SCC 331
Signature Not Verified
Digitally Signed W.P.(C) 10030/2024 Page 6 of 9
By:SAPNA SETHI
Signing Date:02.08.2024
18:01:44
expression--a service that has 'public discourse' as consequence, yet is
private in operation. There is no directive, statutory or otherwise, from the
government that delegates traditional state functions to 'X'. The platform is
not mandated to carry out public duties. 'X' is voluntary and user-driven,
distinguishing it from entities that operate under a compulsion of law or
provide services that are essential public utilities. The Supreme Court's
judgments involving non-state actors like private schools are illustrative.
These entities have been considered amenable to writ jurisdiction under
Article 226 when performing functions like education4 due to the public
nature of these services and often due to specific regulatory frameworks
governing their operations. In contrast, the function of 'X' as a
communication platform, does not align with these precedents as it lacks
statutory compulsion. Furthermore, the function or service of providing a
platform for communication or social interaction cannot be called be a
function similar to that of a governmental function or integral to state
functions. Thus, it cannot be said that X Corp performs a public function or
discharges a public duty.
Ramesh Ahluwalia vs State Of Punjab & Ors on 13 September, 2012
10. X Corp. provides a digital platform for communication and social
interaction. It serves as a medium for public discourse, facilitating the
exchange of information and ideas on a scale that is both vast and
instantaneous. Importantly, it is a privately owned entity that operates
without specific governmental delegation or statutory obligations to perform
any public duty. While 'X' plays a critical role in information dissemination
and influencing public opinion, its core function is to provide a platform for
2
Zee Telefilms Ltd v. Union of India (2005) 4 SCC 649; See also: Andi Mukta Sadguru Shree Muktajee
Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691
3
G Bassi Reddy v International Crops Research Institute (2003) 2 SCC 225 Ramesh Alhuwalia v. State
of Punjab (2012) 12 SCC 331
Signature Not Verified
Digitally Signed W.P.(C) 10030/2024 Page 6 of 9
By:SAPNA SETHI
Signing Date:02.08.2024
18:01:44
expression--a service that has 'public discourse' as consequence, yet is
private in operation. There is no directive, statutory or otherwise, from the
government that delegates traditional state functions to 'X'. The platform is
not mandated to carry out public duties. 'X' is voluntary and user-driven,
distinguishing it from entities that operate under a compulsion of law or
provide services that are essential public utilities. The Supreme Court's
judgments involving non-state actors like private schools are illustrative.
These entities have been considered amenable to writ jurisdiction under
Article 226 when performing functions like education4 due to the public
nature of these services and often due to specific regulatory frameworks
governing their operations. In contrast, the function of 'X' as a
communication platform, does not align with these precedents as it lacks
statutory compulsion. Furthermore, the function or service of providing a
platform for communication or social interaction cannot be called be a
function similar to that of a governmental function or integral to state
functions. Thus, it cannot be said that X Corp performs a public function or
discharges a public duty.
St. Marys Education Society vs Rajendra Prasad Bhargava on 24 August, 2022
11. In conclusion, despite its significant role in public discourse and the
potential impact on public opinion and democratic engagement, 'X' does not
perform a 'public function' in the strict legal sense intended under Article
226 of the Constitution. The platform operates as a private entity under
private law and does not carry out any governmental duties or obligations.
Therefore, it is not amenable to writ jurisdiction under Article 226 as
4
St. Mary's Education Society v. Rajendra Prasad Bhargava, (2023) 4 SCC 498.
Bharat Mata Saraswati Bal Mandir Senior ... vs Vinita Singh And Ors on 7 July, 2023
See also: Bharat Mata
Saraswati Bal Mandir Senior Secondary School vs. Vinita Singh and Others 2023 SCC OnLine Del 3934
Signature Not Verified
Digitally Signed W.P.(C) 10030/2024 Page 7 of 9
By:SAPNA SETHI
Signing Date:02.08.2024
18:01:44
currently interpreted by jurisprudence on this issue.