Case Law, India: Puttaswamy v Union of India, Supreme Court recognises a constitutional right to privacy in a landmark judgment – Hugh Tomlinson QC

4 09 2017

On 24 August 2017, a nine judge bench of the Supreme Court of India handed down its decision in the important constititutional case of Puttaswamy v Union of India [pdf].  In a remarkable and wide ranging 547 page judgment the Court ruled unanimously that privacy is a constitutionally protected right in India. This is landmark case which is likely to lead to constitutional challenges to a wide range of Indian legislation. Read the rest of this entry »

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India: Intermediary liability regime, a historic opportunity missed by the Supreme Court – J Sai Deepak

13 05 2015

India Supreme-Court1Ever since the pronouncement of the judgment by the Supreme Court [pdf] on March 24, 2015 in what I prefer to call the “IT Writ Petitions” (since they went beyond Section 66A of the Information Technology Act, 2000), a lot has been written on mainstream and alternative forums on the striking down of Section 66A (see this Inforrm post). Read the rest of this entry »





Case Law, India: Shreya Singhal v Union of India: Law on offensive communications ruled unconstitutional – Jonathan McCully

3 04 2015

SupremeCourtIndia1On 24 March 2015, the Supreme Court of India ruled on the constitutionality of various provisions in India’s Information Technology Act 2000 in Shreya Singhal v Union of India W.P. (Crim.) No 167 of 2012. Most notably, the Supreme Court held that India’s law on offensive communications was unconstitutional as it was liable to be used in a way that would unnecessarily curb freedom of speech and expression. Read the rest of this entry »





News: Indian cricket captain M S Dhoni granted surprising defamation injunction

20 03 2014

M S DhoniOn Tuesday 18 March 2014, the Madras High Court granted the captain of the Indian cricket team, M S Dhoni, a surprising interim defamation injunction to restrain the publication of match fixing allegations. Read the rest of this entry »





Indian media face growing calls for regulation – Sumit Galhotra

19 06 2013

imagesThe rapid growth of revenue-hungry Indian media and recent scandals involving news outlets have prompted growing calls for external regulation, raising concerns about independence of the press. In May 2013, a parliamentary committee argued for the creation of a statutory body to control the print and electronic media. Read the rest of this entry »





Does India need its Leveson? – Arghya Sengupta

5 02 2013

RTR20GEN-620x438India has its own fierce debate about media regulation. Arghya Sengupta discusses how the shadow of the 1970s “Emergency” hangs over proposed steps from failed self-regulation to statutory regulation.

Lord Justice Leveson’s widely anticipated report on the British press is of considerable interest in India, where a feisty discussion on regulating an increasingly powerful print and broadcasting media has been brewing for the past year. The outspoken Chairman of the Press Council of India Markandey Katju has declared the futility of self-regulation with the words, ‘self-regulation is no regulation at all’. Read the rest of this entry »





News from India: Allegations of Bribery, Libel, the Army and the Constitution

27 05 2012

A remarkable defamation case has been before the courts in India over the past few months.  Criminal and constitutional proceedings have been brought by  retired Lt Gen. Tejinder Singh (pictured) a former director general of Defence Intelligence Agency against the Army Chief of Staff, General V K Singh and four others over a press release making an allegations of bribery against him.  The criminal proceedings are continuing but the constitutional proceedings were not successful. Read the rest of this entry »