Amazon has argued before the Karnataka High Court that it qualifies for safe-harbour protection under Section 79 of the Information Technology Act, 2000, in a case involving the alleged sale of pirated copies of the late journalist Ravi Belagere’s novel “Heli Hogu Kaarana.” The case stems from an FIR filed by Bhavana Belagere, the journalist’s daughter, at the Subramanyapura Police Station, according to medianama.com.
Represented by advocate Sandesh J. Chouta, Amazon stated that it operates as a marketplace connecting sellers and buyers and cannot be held liable for copyright infringement by third-party sellers on its platform. Amazon emphasized that it had fulfilled due diligence obligations regarding sellers and had proactively removed listings from all 12 sellers involved in the alleged infringement once notified. The company cited Sections 79(2) and 79(3) of the IT Act, claiming immunity as an intermediary from civil or criminal liability under the safe-harbour provision.
The case highlights the ongoing legal challenges faced by e-commerce platforms in India regarding copyright enforcement and intermediary liability. While Amazon is contesting liability, other platforms named in the FIR, such as Meesho and Flipkart, are not part of the current proceedings. The safe-harbour provisions under the IT Act have been central to debates on the responsibilities of digital intermediaries in policing content and protecting intellectual property rights.
The Karnataka High Court is currently hearing the matter, with Amazon’s safe-harbour claim forming a key part of the defense. The court’s decision will have implications for how online marketplaces manage copyright infringement claims and their legal protections under Indian law.