Supreme Court is mulling the option of taking action on websites which are open to public for posting items for online sale. Several online selling websites operate as market places. Sellers can register and sell their items. The website act as intermediate and take some percentage as commission.
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This issue arose when a user uploaded the MMS clip of a schoolgirl allegedly filmed by her boyfriend on eBay. The clip was priced at 128 per download when uploaded in 2004 and ebay will get 3 rupees as commission. There were eight buyers for the clip before it was taken off.
Supreme court has asked attorney general Mukul Rohatgi if ebay can be punished according to the Section 79 of the Information Technology Act, 2000, read in juxtaposition of Section 292 of Indian Penal Code. The next hearing of the case is scheduled on October 6th
