The case involves a dispute between M/s. Visaka Industries Limited, a company manufacturing asbestos cement sheets, and defendants Google India Private Limited, along with other associated entities. The plaintiff alleged that defamatory messages were posted online, specifically on a blogsite managed by the defendants, which falsely depicted the company and its operations in a negative light. The plaintiff sought a declaration that these messages were defamatory and requested a mandatory injunction for their removal, claiming that the defamatory content damaged their reputation and business.

The defendants, including Google India, argued that they were intermediary service providers and thus not liable for the content posted by third parties. They contended that they did not control or edit the user-generated content and that liability could only arise if they had actual knowledge of the defamatory material and failed to act with due diligence to remove it.

Regarding copyright infringement, the court observed that the liability of intermediaries depends on whether they have actual knowledge of infringing content and whether they exercise due diligence in removing such content upon being notified. The court emphasized that intermediaries are generally not liable for third-party content unless they are aware of the infringement and fail to act promptly. It was noted that proving actual knowledge and exercising due diligence are essential to establishing liability, and in the absence of such proof, intermediaries are protected under relevant laws. The court also highlighted that intermediaries are expected to act as neutral platforms and that their liability is limited unless they participate in or facilitate the infringing activity knowingly.