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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL/CIVIL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO.167 OF 2012 SHREYA SINGHAL … PETITIONER VERSUS UNION OF INDIA … RESPONDENT WITH WRIT PETITION (CIVIL) NO.21 OF 2013 WRIT PETITION (CIVIL) NO.23 OF 2013 WRIT PETITION (CIVIL) NO. 97 OF 2013 WRIT PETITION (CRIMINAL) NO.199 OF 2013 WRIT PETITION (CIVIL) NO. 217 OF 2013 WRIT PETITION (CRIMINAL) NO.222 OF 2013 WRIT PETITION (CRIMINAL) NO.225 OF 2013 WRIT PETITION (CIVIL) NO.758 OF 2014 WRIT PETITION (CRIMINAL) NO.196 OF 2014 1

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Shreya Singhal v. Union of India

Case Law

Country

India

Country Location

Latitude: 23.078537445745496

Longitude: 78.60363571015989

Country Location (linked Case Law): India

Decision Date: 24 de mar. de 2015

Case Status: Closed

Case Outcome (Procedural)

Motion Granted

Case Outcome (Disposition)

Law or Action Overturned or Deemed Unconstitutional

Keywords

Constitution
Freedom of Expression
Intermediary Liability

Judicial Body: Supreme Court (court of final appeal)

Court Name: Supreme Court of India at New Delhi

Case Number: AIR 2015 SC 1523

Case Summary: The Supreme Court declared as unconstitutional Section 66A of the Information Technology Act, 2000, which criminalised speech for, among other reasons, causing annoyance or intimidation. The terms in the Section were not defined in the Act, and it was consequently misused to restrict a wide range of online speech. The court also placed restrictions on intermediary liability - following the decision, the intermediary will lose immunity only if it refuses to take down content pursuant to a court order or a directive from the government. Accordingly, complaints by private parties no longer lead to loss of immunity of intermediaries.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Caselaw (self)

Related Law

Source Name and URL: Ministry of Electronics and Information Technology, Government of India

Notes: The decision cites Sections 66A, 69A and 79 of the Information Technology Act, 2000 as amended. These sections are checked for constitutionality against Article 19(1)(a) and Article 19(2) of the Constitution of India.

Collection

CIPIT

Date Updated: 13 de mai. de 2024

Primary Documents

Honorable-Supreme-Court-order-dated-24th-March 2015.pdf
English
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