The question (15 marks)
An online marketplace registered in Mumbai is told by e-mail at 8.20 p.m. on a Saturday, by an officer of the appropriate Government, that a listing on its site offers an obscene video for sale. The listing is removed on the Monday, thirty-eight hours later, and the marketplace deletes its server logs at the same time to avoid embarrassment. The seller, who used the marketplace only to take payment, is abroad, and the video was uploaded from a machine in India. The managing director of the marketplace is arrested at a cyber cafe. Advise the marketplace and its managing director. (15 marks)
Unit VI/IV (dispute resolution and enforcement); pack ch. 04, sections 3 to 7 and 12.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Intermediaries, Jurisdiction and Enforcement of Cyber Law.
Authorities you will need
- Information Technology Act
- Avnish Bajaj v. State, Delhi High Court
How an answer is marked
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