Amazon just got a stay from the Karnataka High Court on a criminal FIR for selling pirated books. The case puts Section 79 of the IT Act — the intermediary safe harbour — directly on trial. This ruling will define platform liability for every marketplace from Flipkart to Meesho.
How We Got Here
The FIR was filed by Bhavana Belagere, daughter of late journalist Ravi Belagere, alleging unknown sellers used platforms to sell pirated copies of his book, 'Heli Hogu Karana'. Subramanyapura Police registered the FIR against Amazon, Flipkart, and Meesho under Copyright Act, 1957, but only Amazon moved to quash it.
The Numbers
- The pirated copies were sold at ₹149, significantly below the book's maximum retail price of ₹350.
- The FIR invoked Section 51(1)(b) for copyright infringement and Section 63 for knowingly facilitating pirated sales.
- Amazon argued it only facilitates listings through agreements with third-party sellers who independently set prices.
- Amazon claimed it already provided the investigating officer with seller names, email IDs, phone numbers, and sales data.
- The Supreme Court's Shreya Singhal judgment clarified "actual knowledge" for Section 79 immunity requires a court order, not merely a private complaint.
What Happens Next
🇮🇳 Why This Matters for India
For thousands of indie creators and small publishers in cities like Kochi and Ahmedabad, this ruling will either protect their intellectual property or leave them battling platform inertia.
The Take
The court will likely uphold Amazon's Section 79 defence, demanding a court order for "actual knowledge" rather than just a private complaint. This sets a higher bar for IP holders seeking takedowns, but gives platforms like Meesho and Flipkart clearer guidelines against casual FIRs.
Source:
MediaNama ↗