beyond section 79
DESCRIPTION
Consilience 2010 | A Conference on Internet intermediary liability in India | May 29-30, 2010 | BangaloreTRANSCRIPT
“Beyond Section 79”
Apar Gupta Partner
Consilience 2010Internet intermediary liability in India
1. Intermediary Litigation Trends
2. Safe Harbor Provision(s)
3. Courts will go ‘beyond Section 79’
1974
FOREIGN EXCHANGE REGULATION ACT
60%
1977
Exit India
Identifiable Patterns
ONE
legal uncertainty risks
TWO
compliance costs exceeds market benefits
THREE
compliance conflicts with the central ethos
Exit India
Are we promoting the same legal climate ?
1. Intermediary Litigation Trends
A. Intellectual Property Litigation
Trademarks
Exit
Copyright
B. Sensitivity Litigation
Pornography
Defamation
Community and Leaders
2. Uncertainty on Section 79
a success
an arrest
an amendment
“The combined interpretation of Sections 79 and 81 of the amended IT Act has been discussed on SpicyIP in quite a few posts with the comments equally providing a lot of food for thought. Some of us argue that the proviso to Section 81 has the effect of depriving an ISP of the exemption to liability available under Section 79 and a few others are of the opinion that the proviso only clarifies that rights available to any party under the Copyright Act will not be nullified by any provision of the IT Act. It will be interesting to watch how the Court interprets these provisions.”
J. Sai Deepak
An Amendment (substiution)
I think a great many practical absurdities will result by applying legal logic strictly. Which is why I believe that we (or at least I) need to think through the issue of primary liability of intermediaries more carefully.
Pranesh Prakash
indeterminacy
legal uncertainty risks
2010 instead of 2004
no bar to suits/criminal cases
shotgun pleadingscivil cases
civil cases
ORDER 39 Rules 1 and 2
more 3 years non-bailable section 77B
criminal cases
apply for bail section 67 IT Act, 292 and 294 IPC
criminal cases
passport will be impounded conditions for grant of bail
criminal cases
personal attendance conditions for grant of bail
criminal cases
trial
evidence
dismissal of Suit Order 7, Rule 11
civil cases
quashing of FIR / Charges Section 482 of the Cr.Pc.
criminal cases
equitable relief in the interim
3. Courts will go ‘beyond Section 79’
indeterminacy
beyond section 79
1. exemptions will be strictly construed
2. inherent passivity
3. compliance alacrity
Section 79 (2)(a), (b) and 3(a)
inherent passivity
Section 79 (2)(c) and 3(b)compliance alacrity
4. bad actors will be punished
I admit
It is still hazy
but some issues are clear
ONE
legal uncertainty risks
uncertainty will have chilling effects
VC funding may be hit
the dangers of litigation
TWO
compliance costs exceeds market benefits
THREE
compliance conflicts with the central ethos
exit india
