Intermediary Liability, Take-Down Mandates, and the Scope of Specific Injunctions Under IT Rules

sketch of the Bombay High Court
Case
SERUM INSTITUTE OF INDIA PVT. LTD. AND ANR v. YOHAN TENGRA AND 6 ORS (Bombay High Court, 29-09-2026)
Law
Code of Civil Procedure, Information Technology Act.

Highlights of the Judgment:

  • Examination of intermediary liability and the actual knowledge requirement under Section 79 of the IT Act, 2000.
  • Application of Rule 3 of the IT Intermediary Guidelines Rules, 2021 regarding compliance timelines.
  • Principle that take-down directions to intermediaries must be confined to specifically identifiable material.
  • Prevention of intermediaries acting as adjudicators or super censors under free speech safeguards.
  • Invocation of Order XXXIX Rule 2A of the CPC for willful disobedience of interim injunction orders.
  • Court commentary on addressing contemptuous attacks on judicial integrity during legal proceedings.