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According to him, once the factum of electronic record is
admitted, Section 79 of the IT Act must apply ipso facto and
ipso jure. Learned senior counsel has urged Section 79, as the
language would suggest and keeping in view the paradigm of
internet world where service providers of platforms do not
control and indeed cannot control the acts/omissions of
primary, secondary and tertiary users of such internet
platforms, protects the intermediary till he has the actual
knowledge. He would contend that Act has created a separate
and distinct category called ‘originator’ in terms of Section 2(1)
(z)(a) under the IT Act to which the protection under Section
79 of the IT Act has been consciously not extended.
Relying
on the decision in Shreya Singhal (supra), he has urged that
the horizon has been expanded and the effect of Section 79 of
the IT Act provides protection to the individual since the
provision has been read down emphasizing on the conception
of actual knowledge.
Relying on the said provision, it is
further canvassed by him that Section 79 of the IT Act gets
automatically attracted to electronic forms of publication and
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