Does Section 79 of Information Technology Act, 2000 as originally enacted deal with effect of other laws or not ? Answer in light of recent decision by Supreme Court of India in the case of Google India Private Ltd. vs.

According to section 79(1) of the Information Technology Act, 2000 an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him. According to section 79(2)(c), the provisions of sub-section (1) shall apply if the intermediary observes due diligence while discharging his duties under this Act and also observes such other guidelines as the Central Government may prescribe in this behalf. In the case of Google India Private Limited vs. Visakha Industries and Ors. (10.12.2019 SC) the Supreme Court decided that Section 79 of Information Technology Act, 2000(the Act) as originally enacted, did not deal with the effect of other laws. The Supreme Court inter alia decided that the finding by the High Court that in the case on hand, in spite of the complainant issuing notice, bringing it to the notice of the Appellant about the dissemination of defamatory matter on the part of the first Accused through the medium of Appellant, Appellant did not move its little finger to block the said material to stop dissemination and, therefore, cannot claim exemption Under Section 79 of the Act, as it originally stood, is afflicted with two flaws. In the first place, the High Court itself has found that Section 79, as it originally was enacted, had nothing to do with offences with laws other than the Act. We have also found that Section 79, as originally enacted, did not deal with the effect of other laws. In short, since defamation is an offence Under Section 499 of the Indian Penal Code, Section 79, as it stood before substitution, had nothing to do with freeing of the Appellant from liability under the said provision. In view of the above discussion, it can be said that Section 79 of Information Technology Act, 2000 as originally enacted does not deal with effect of other laws.