IT Rules
Bombay HC strikes down amendments to IT rules on fact checking units
This story was originally published at 13:15 IST on 26 September 2024
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NEW DELHI – The Bombay High Court today struck down the amendments made in 2023 to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 after receiving an opinion on the same from the "tie-breaker judge". The amendments empowered the government to set up a fact-checking body to identify and tag "false" or "fake" online news with respect to any of its activities. "In view of the majority opinion, the rule 3(1)(v) is declared unconstitutional and is struck down. Petitions are accordingly allowed," the division bench of the high court said.
In January, a division bench of Justice Gautam Patel and Justice Neela Gokhale delivered a split verdict in the case, with Justice Patel holding that the amendments should be struck down and Justice Gokhale upholding them. Thereafter, the matter was referred to Justice Atul Chandurkar for his opinion.
On Friday, Justice Chandurkar agreed with Justice Patel's view. Justice Chandurkar said the amendments violate Article 14, Article 19, and Article 21 of the Constitution and do not satisfy the "test of proportionality". He said his representation should be given to the division bench to decide the case. Accordingly, the opinion was given to the original bench to pass a formal order.
The court was hearing petitions by comedian Kunal Kamra, the Editors Guild of India, the News Broadcast and Digital Association, the Association of Indian Magazines, and other parties against the amendments made by the government to the rules. According to the notification, social media platforms like Facebook, Instagram, YouTube, and X would be legally obliged to take down content flagged as misinformation by the fact-checking unit or face litigation.
The amendments to the information technology rules also stated that telecom service providers and social media intermediaries would have to take action against such alleged fake content, failing which they would lose safe harbour protection under the information technology law.
Kamra told the court the amendments struck at the rule of law, and constituted a direct assault by the government on freedom of speech and expression.
On Mar 21, the Supreme Court put on hold operations of the government's fact-checking unit under the Press Information Bureau, a day after an official notification gave it statutory status with the power to flag allegedly false social media information related to the government. The apex court's bench, headed by Chief Justice of India D.Y. Chandrachud, had said the matter involved a "serious constitutional question" and the unit will not have any statutory powers till the Bombay High Court decides on the related amendments made in 2023. End
Reported by Surya Tripathi
Edited by Ashish Shirke
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