Global Freedom of Expression

Bedoya Lima v. Colombia

The Inter-American Court of Human Rights declared the Colombian State responsible for the violation of the right to personal integrity, personal liberty, honor and dignity, and freedom of thought and expression of Colombian journalist, Jineth Bedoya. On May 25, 2000, the reporter visited “La Modelo” prison in Bogota, Colombia to conduct an interview, but before entering the prison she was abducted, kidnapped and taken to a warehouse where she was sexually abused and assaulted by several men. The IACtHR considered that the State violated its obligation to guarantee Bedoya’s safety because it did not implement effective protection measures for the victim, even when it was aware of the risk she faced because of the issues she covered and because she was a female journalist.

Flipkart Internet Private Limited v. State of NCT of Delhi and Anr

The Delhi High Court, in a petition filed by Flipkart seeking quashing of the first information report/FIR (information on the basis of which criminal proceedings are initiated), held that the ‘Safe Harbour Protection’ guaranteed to intermediaries under Section 79 of the Information Technology Act, 2000 is applicable to criminal cases as well. It further opined that it is not required for the intermediaries to take down content prohibited under the Indian Copyright Act or the Trademark Act only upon receipt of ‘actual knowledge’ pursuant to complaints received. Relying on the Supreme Court decision in Shreya Singhal v. Union of India, 2015 (5) SCC 1, the Court propounded that it is imperative for a court order pursuant to which intermediaries will comply with take down requests in relation to any complaint.