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Google India Private Limited vs M/S Visaka Industries Limited And 2 ... on 18 November, 2016 cites

Shreya Singhal vs U.O.I on 24 March, 2015

Thus, the principle laid down in all the judgments is only based on actual knowledge about posting of defamatory or any content by the 3rd parties on the web-blog. The same is the language used in Section 79 (3) (b) of the Information Technology Act. Added to that another safeguard is provided under Rule 3 of the Rules framed thereunder i.e. exercise of due diligence. If the intermediary exercised due diligence and when such posting of defamatory content in the web-blog came to their actual knowledge or brought to their actual knowledge, the intermediary has to take steps to block access to such content or remove such content from the blog after due verification.
Supreme Court of India Cites 111 - Cited by 303 - R F Nariman - Full Document

Vodafone International Holdings B.V vs Union Of India & Anr on 20 January, 2012

In the absence of any judgment from our Indian Courts, the judgements of foreign Courts are having highest persuasive value though not binding precedent, as those judgments are not the law declared by the Apex Court under Article 142 of Constitution of India. Therefore, the Trial Court and the Appellate Court would have accepted the highest persuasive value of the judgments of foreign Courts, but ignored totally. It is also drawn attention of this Court to Section 79 (3) of Information Technology Act, 2000, which is amended by Act.10/2009 with effect from 27.10.2009 to claim immunity from liability, since 2nd defendant is only an intermediary having no control over the contents of the postings and the definition of the term intermediary under The Information Technology Act, 2000, and placed reliance on the judgments in Vodafone International Holdings B.V. v. Union of India and another , ISI SRA v Google Italy Srl, Google Infrastructure Srl, Yahoo! Italia Srl.
Supreme Court of India Cites 92 - Cited by 350 - S H Kapadia - Full Document

Avnish Bajaj vs State on 29 May, 2008

But the theory of gatekeeper attached more responsibility to the intermediary and it is only an effort to control online content by leveraging the position of the gatekeepers to flow of information online. The reasoning here is that since online intermediaries such as Avnish Bajaj v. State (referred to as the Bazee.com case) (or Facebook, Gmail, Google or The Pirate Bay) host and facilitate access to vast amounts of Internet content, and since internet service providers such as Airtel or BSNL physically connect users to the Internet, they are the gatekeepers presiding over the flow of information. Therefore, making these gatekeepers liable for blocking, filtering and removing illegal content, is seen as an effective way to put a stop to the sharing of illegal content. This is particularly appealing in contexts in which the author of illegal content is difficult to identify, or is based in another country, and cannot be located, much less prosecuted, in India. In these contexts, it is very difficult for the government to raise the expected penalties applicable to the wrongdoers. Therefore, direct deterrence becomes ineffective, creating the need to explore third party liability.
Delhi High Court Cites 60 - Cited by 8 - S Muralidhar - Full Document
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