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SC Judgement in BANI Google Visakha Defamation case
 10-Dec-2019.pdf (0,1MB) : https://dgroups.org/?02a8x8hs.0
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In its judgement in *Google India Pvt. Ltd. vs M/s Visakha Industries* in
BANI defamation case dated December 10, 2019, the Supreme Court refused to
quash defamation proceedings against Google for its failure to remove
allegedly defamatory material from its ‘Google Group’ service. The 148 page
long verdict
<https://main.sci.gov.in/supremecourt/2011/21566/21566_2011_13_1501_19104_Judgement_10-Dec-2019.pdf>
is
available here. The year 2019 ended with the verdict which reveals the
ongoing struggle of Ban Asbestos Network of India (BANI) since 2002. They
who are vocal against injustice and unjust corporate practices have always
faced such cases. BANI cannot forget that there is no household in India
which is free of deadly asbestos mineral fiber. Its case against asbestos
laden talcum powder filed through ToxicsWatch Alliance (TWA) in National
Human Rights Commission (NHRC) captured national media's attention.
Ministry of Health and Family Welfare has responded to NHRC. The case
remains with NHRC.


1. India Top Court Reaffirms Immunity to Google for Online Content
Alphabet Inc.’s Google isn’t liable for defamatory content posted on its
platforms after 2009, India’s top court ruled, reaffirming immunity for
Internet companies in the world’s second-most populous nation.

However, the top court ruled that Google India Pvt. Ltd. will have to face
defamation charges in cases lodged before 2009, when India’s information
technology laws were amended to provide online and social media service
providers immunity for content posted by a third party. They will have to
take down content only after a court order.


<https://www.bloomberg.com/news/articles/2019-12-10/india-top-court-reaffirms-immunity-to-google-for-online-content>
https://www.bloomberg.com/news/articles/2019-12-10/india-top-court-reaffirms-immunity-to-google-for-online-content


India Says Google Not Liable for Defamatory Content on Its Platforms

Doug Isenberg  December 11, 2019

Alphabet Inc.’s Google isn’t liable for defamatory content posted on its
platforms after 2009, India’s top court ruled, reaffirming immunity for
Internet companies in the world’s second-most populous nation. The verdict,
which reiterates a 2015 ruling, comes as a relief for social media
companies, online retailers and service providers who are facing increasing
pressure from the Indian government to regulate online

https://giga.law/daily-news/2019/12/11/india-says-google-not-liable-for-defamatory-content-on-its-platforms


2.  Google can't claim protection from defamation, says India's Supreme
Court in BANI defamation case

A bench headed by Justice K.M. Joseph held that protection from defamation
cannot be calimed

 
https://www.businessinsider.in/policy/legal/news/google-cant-claim-protection-from-defamation-says-indias-supreme-court/articleshow/72466732.cms
<https://www.businessinsider.in/policy/legal/news/google-cant-claim-protection-from-defamation-says-indias-supreme-court/articleshow/72466732.cms>


3. Vishakha Defamation Case: SC Rejects Google India’s Appeal, Says It’s
Matter For Trial

https://inc42.com/buzz/vishakha-defamation-case-sc-rejects-google-indias-appeal-says-its-matter-for-trial/
<https://inc42.com/buzz/vishakha-defamation-case-sc-rejects-google-indias-appeal-says-its-matter-for-trial/>

4. Google India to face trial in pre-2009 defamation case

Visaka Industries filed the complaint after the company said it issued
legal notices asking Google India to take down the write-up. Google then
moved the Andhra High Court for quashing the proceedings, but did not get
any relief. On Google’s appeal, SC stayed the proceedings till it had
applied its mind to the issues involved.

<http://economictimes.indiatimes.com/articleshow/72461747.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst>
//economictimes.indiatimes.com/articleshow/72461747.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
<http://economictimes.indiatimes.com/articleshow/72461747.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst>

5. Google to face trial in India after SC says it can't claim protection
from defamation

https://www.zeebiz.com/technology/news-google-to-face-trial-in-india-after-sc-says-it-cant-claim-protection-from-defamation-115563

6. Google India to face criminal trial in alleged defamation case filed by
Visaka Industries

https://www.thenewsminute.com/article/google-india-face-criminal-trial-alleged-defamation-case-filed-visaka-industries-113884
<https://www.thenewsminute.com/article/google-india-face-criminal-trial-alleged-defamation-case-filed-visaka-industries-113884>

7. No Protection For Intermediary Under Sec 79 IT Act From Criminal
Defamation Before 2009 Amendment
https://www.livelaw.in/top-stories/no-protection-for-intermediary-under-sec-79-it-act-from-criminal-defamation-before-2009-amendment-sc-150662

8. 'Intermediaries can't claim protection from defamation'

<https://www.deccanherald.com/national/intermediaries-cant-claim-protection-from-defamation-784230.html>
https://www.deccanherald.com/national/intermediaries-cant-claim-protection-from-defamation-784230.html

Ban Asbestos Network of India (BANI)
Web: www.asbestosfreeindia.org

__________

Peoples Media Advocacy & Resource Centre- PMARC has been initiated with the 
support from group of senior journalists, social activists, academics and 
intellectuals from Dalit and civil society to advocate and facilitate Dalits 
issues in the mainstream media. To create proper & adequate space with the 
Dalit perspective in the mainstream media national/ International on Dalit 
issues is primary objective of the PMARC.

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