Supreme Court on Friday decided to examine protection to web intermediaries which are open to public for posting items for online sale.
The issue came up for adjudication before a bench of Justices Dipak Mishra and P C Pant when one Sharat Babu Digumarti moved a petition challenging framing of charge against him by a Delhi court under Section 292 of Indian Penal Code just because he was a senior manager of eBay site bazee.com in 2004 when a sexually explicit MMS clip was uploaded by a registered user, Ravi Raj, for sale.
The registered user uploaded the MMS clip of a schoolgirl allegedly filmed by her boyfriend on eBay around 8 am on November 27, 2004 priced at Rs 128 per clip of which eBay was to get Rs 3 per download. Before the clip was taken off from the site, there were eight transactions with buyers from different parts of the country. The site had even disbursed money to the registered user as payment from buyers.
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The issue came up for adjudication before a bench of Justices Dipak Mishra and P C Pant when one Sharat Babu Digumarti moved a petition challenging framing of charge against him by a Delhi court under Section 292 of Indian Penal Code just because he was a senior manager of eBay site bazee.com in 2004 when a sexually explicit MMS clip was uploaded by a registered user, Ravi Raj, for sale.
The registered user uploaded the MMS clip of a schoolgirl allegedly filmed by her boyfriend on eBay around 8 am on November 27, 2004 priced at Rs 128 per clip of which eBay was to get Rs 3 per download. Before the clip was taken off from the site, there were eight transactions with buyers from different parts of the country. The site had even disbursed money to the registered user as payment from buyers.