Showing posts with label internet law. Show all posts
Showing posts with label internet law. Show all posts

Saturday, 4 July 2020

What is single publication rule for filing suit against defamatory material on the internet/facebook page?

In Khawar Butt (supra) this Court dealing with the period of limitation for filing a suit against defamatory material on the internet/facebook page held that the single publication rule was more pragmatic and appropriate. It was held:

"14. I first proceed on to determine the legal issue: Whether, the leaving of the allegedly defamatory material on the internet/facebook page gives rise to a fresh cause of action every moment the said offending material is so left on the webpage-which can be viewed by others at any time, or whether the cause of action arises only when the offending material is first posted on the webpage/internet.

38. I am of the view that the Single Publication Rule is more appropriate and pragmatic to apply, rather the Multiple Publication Rule. I find the reasoning adopted by the American Courts in this regard to be more appealing than the one adopted by the English Courts, prior to the amendment of the law by the introduction of the Defamation Act, 2013. It is the policy of the law of limitation to bar the remedy beyond the prescribed period. That legislative policy would stand defeated if the mere continued residing of the defamatory material or article on the website were to give a continuous cause of action to the plaintiff to sue for defamation/libel. Of course, if there is re-publication resorted to by the defendant-with a view to reach the different or larger section of the public in respect of the defamatory article or material, it would give rise to a fresh cause of action.

39. The alleged libelous posting on Facebook, as averred in the plaint, was posted on around 26.10.2008, 27.10.2008 and even the booklet containing the allegedly defamatory material concerning the plaintiff is said to have been circulated around 25.12.2008. In view of the same, the limitation period for the suit expired on 25.12.2009.



40. Since the suit to claim damages for libel has not been filed within the period of limitation of one year from the date when the cause of action arose, i.e. when the libel was published, the said claim is barred by limitation."
IN THE HIGH COURT OF DELHI

CS (OS) 21/2017

Decided On: 27.05.2020

 Ajai Agarwal Vs.  IBNI8 Media & Software Limited and Ors.
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When should the court not reject plaint filed for recovery of compensation for libel and mental agony on the ground of limitation?

If the present suit was an action simpliciter for compensation for libel, the same was required to be filed within one year when the libel was published and as noted by this Court in the case of Khawar Butt (supra), single publication rule is more applicable and pragmatic in which case, the present suit had to be filed when the slanderous telecast was shown by defendant No. 1 on 29th July, 2006. However, in the present suit, the plaintiff claims a decree of exemplary or punitive damages in favour of the plaintiff on account of the mental agony, torture, humiliation and hatred suffered by the plaintiff and his family and a decree for loss of reputation and goodwill. As per the plaintiff, the cause of action though started accruing in favour of the plaintiff and against the defendant on 29th July, 2006 when the first telecast was made, however, it continued when it received notices from various authorities including the Medical Council, Police etc as also when the writ petitions were filed and dismissed by this Court and the Allahabad High Court. From the pleadings/claims of the plaintiff in paragraph 54, 55, 56, 57, 58 and 59 of the plaint, it is not the mere publication of libel but thereafter also the continuous course of action which resulted in mental agony, harassment to the plaintiff on which count the plaintiff seeks exemplary and punitive damages. Since the period of limitation for such a claim in the suit would be governed by residuary clause i.e. Article 113 of the Limitation Act, which provides for a period of three years limitation from the time when the right to sue accrues and as per the plaintiff right to sue still subsists and as the present application under Order VII Rule 11 CPC has to be decided based on the averments in the plaint which have to be accepted by way of demurer, the suit cannot be held to be barred by limitation. It is however clarified that since in the present case, the issue of limitation would be a mixed question of fact and law, the same would be decided after the parties have led their respective evidence.

IN THE HIGH COURT OF DELHI

CS (OS) 21/2017

Decided On: 27.05.2020

 Ajai Agarwal Vs.  IBNI8 Media & Software Limited and Ors.

Hon'ble Judges/Coram:
Mukta Gupta, J.
Citation: MANU/DE/1113/2020
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Monday, 1 May 2017

What is effect of judgment of Shreya singhal on S 79 of information technology Act?

We have referred to all these provisions of the IT Act only to lay stress that the legislature has deliberately used the words “electronic form”. Dr. Singhvi has brought to our notice Section 79 of the IT Act that occurs in Chapter XII dealing with intermediaries not to be liable in certain cases. Learned counsel has also relied on Shreya Singhal (supra) as to how the Court has dealt with the challenge to Section 79 of the IT Act. The Court has associated the said provision with exemption and Section 69A and in that context, expressed that:-
“121. It must first be appreciated that Section 79 is an exemption provision. Being an exemption provision, it is closely related to provisions which provide for offences including Section 69-A. We have seen how under Section 69-A blocking can take place only by a reasoned order after complying with several procedural safeguards including a hearing to the originator and intermediary. We have also seen how there are only two ways in which a blocking order can be passed—one by the Designated Officer after complying with the 2009 Rules and the other by the Designated Officer when he has to follow an order passed by a competent court. The intermediary applying its own mind to whether information should or should not be blocked is noticeably absent in Section 69-A read with the 2009 Rules.
122. Section 79(3)(b) has to be read down to mean that the intermediary upon receiving actual knowledge that a court order has been passed asking it to expeditiously remove or disable access to certain material must then fail to expeditiously remove or disable access to that material. This is for the reason that otherwise it would be very difficult for intermediaries like Google, Facebook, etc. to act when millions of requests are made and the intermediary is then to judge as to which of such requests are legitimate and which are not. We have been informed that in other countries worldwide this view has gained acceptance, Argentina being in the forefront. Also, the Court order and/or the notification by the appropriate Government or its agency must strictly conform to the subject-matters laid down in Article 19(2). Unlawful acts beyond what is laid down in Article 19(2) obviously cannot form any part of Section 79. With these two caveats, we refrain from striking down Section 79(3)(b).
123. The learned Additional Solicitor General informed us that it is a common practice worldwide for intermediaries to have user agreements containing what is stated in Rule 3(2). However, Rule 3(4) needs to be read down in the same manner as Section 79(3)(b). The knowledge spoken of in the said sub-rule must only be through the medium of a court order. Subject to this, the Information Technology (Intermediaries Guidelines) Rules, 2011 are valid.”
28. We have referred to the aforesaid aspect as it has been argued by Dr. Singhvi that the appellant is protected under the said provision, even if the entire allegations are accepted. 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 transmission by intermediaries, since it explicitly uses the non-obstante clauses and has an overriding effect on any other law in force. Thus, the emphasis is on the three provisions, namely, Sections 67, 79 and 81, and the three provisions, according to Dr. Singhvi, constitute a holistic trinity. In this regard, we may reproduce Section 81 of the IT Act, which is as follows:-
“81. Act to have overriding effect.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
Provided that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright Act 1957 or the Patents Act 1970.”
29. The proviso has been inserted by Act 10 of 2009 w.e.f. 27.10.2009.
30. Having noted the provisions, it has to be recapitulated that Section 67 clearly stipulates punishment for publishing, transmitting obscene materials in electronic form. The said provision read with Section 67A and 67B is a complete code relating to the offences that are covered under the IT Act. Section 79, as has been interpreted, is an exemption provision conferring protection to the individuals. However, the said protection has been expanded in the dictum ofShreya Singhal (supra) and we concur with the same. 
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
(Before Dipak Misra and Praffula C. Pant, JJ.)
Sharat Babu Digumarti  v. Govt. of NCT of Delhi .
Criminal Appeal No. 1222 of 2016
(Arising out of S.L.P. (Criminal) No. 7675 of 2015)
Decided on December 14, 2016
Citation:2016 SCC OnLine SC 1464,AIR 2017 SC 150,(2017) 2 SCC18,2017 CRLJ977
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Friday, 27 December 2013

What is click farming as per internet law?

Many forms of online content, advertising and social media materials for example, develop substantially greater economic value if they are accessed by more Internet users.  This fundamental principle of the online world has led to the dramatic increase in the use of the “click-farming” process as a method to inflate Internet traffic statistics.  Click-farming is an example of an online activity which, although technically not illegal, can be deceptive and misleading for Internet users.
The click-farming process is simple.  It takes advantage of advertisements, online sign-ups, and other interactive systems that invite individual users to click on a specific icon to demonstrate their interest or support.  Organizations and individuals seeking to inflate their online traffic pay click-farms to provide that service.  Click-farming companies pay individuals to click on the target icon repeatedly, simulating input from thousands of different individuals.
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