Unit 4 of Legal Writing and Legal Language (syllabus: Module IV — internet jurisdiction, social media and freedom of speech, artificial intelligence and the legal profession, and virtual courts and e-courts in India). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- When does an Indian court have jurisdiction over a dispute about a website?
- Who is an intermediary, and what protection does the safe harbour give?
- What knowledge must a platform have before it can be restrained from hosting users' uploads?
- Why was the offence of sending offensive messages online struck down?
- Why did the blocking provision survive when the offence provision did not?
- What is the difference between striking down a provision and reading it down?
- What turns on the distinction between discussion, advocacy and incitement?
- May Parliament make speech on the internet a separate offence, and why did the equality challenge fail?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Code of Civil Procedure, s. s. 20(c)
- Information Technology Act 2000, s. ss. 2(1)(w) and 79
- Information Technology Act 2000 read with the Copyright Act, s. ss. 79 and 81 of the Information Technology Act; s. 51(a)(ii) of the Copyright Act
- Information Technology Act 2000, s. s. 66A (struck down in 2015)
- Information Technology Act 2000, s. s. 69A and the blocking rules of 2009
- Information Technology Act 2000, s. s. 79(3)(b), read down
- Constitution of India, s. Articles 19(1)(a) and 19(2)
- Constitution of India, s. Articles 14, 19(1)(a) and 19(2)
Leading cases
- Banyan Tree Holding (P) Ltd v A. Murali Krishna Reddy
- MySpace Inc. v Super Cassettes Industries Ltd
- Shreya Singhal v Union of India