Google India Private Ltd vs M/S. Vishaka Industries AIR 2020 SC 350

ABSTRACT The case Google India Pvt. Ltd. v. Visakha Industries is a landmark case in intermediary liability and online defamation under Indian law. The plaintiff, Visakha Industries, alleged that defamatory content had been published against them on Google’s online discussion platform, Google Groups. Since Google India was the actual owner of the platform, it was the defendant of this case.
This case had gone up to the Supreme Court and the main issue before it was whether Google India, as an intermediary, could claim protection from criminal liability under Section 79 of the Information Technology Act, 2000. The case and its final decision is important because it clarified the extent of responsibility that can be imposed on any internet intermediary company such as Google, Meta (previously Facebook), etc. for third-party content posted on platforms they owned. It also provided clarity on the scope of safe harbour protection available under Indian law before the 2008 amendment to the IT Act.