Bombay High Court rules in favour of Kunal Kamra, invalidates 2023 IT rules amendment on 'fact check units'
- In Reports
- 08:48 PM, Sep 26, 2024
- Myind Staff
The Bombay High Court's division bench, after considering the "tie-breaker" Judge's opinion, has declared the amendment to the IT Rules, 2021, "unconstitutional." This amendment had permitted the Central government to set up Fact Check Units (FCUs) to identify "fake and false" information about its operations on digital platforms. The bench, comprising Justices Ajay Gadkari and Dr. Neela Gokhale, ruled in favour of petitions from comedian Kunal Kamra, the Editors Guild of India, the Association of Indian Magazines, and the News Broadcasters of Digital Association.
"The bench stated, 'In view of the majority opinion, Rule 3(1)(v) is declared unconstitutional and is struck down. Petitions are accordingly allowed.' Earlier this year, a division bench of Justices Gautam Patel and Dr. Neela Gokhale had issued a split verdict on the matter, with Justice Patel striking down the amendments while Justice Gokhale upheld them. Last week, Justice Atul Chandurkar provided his 'Opinion,' aligning with Justice Patel's stance."
With Justice Patel now retired, the case was presented to a division bench of Justices Gadkari and Gokhale, who delivered the final verdict today, striking down the amendments as unconstitutional based on a majority view. In his petition, Kunal Kamra argued that as a political satirist using social media to share his content, the new Rules could result in arbitrary censorship, potentially leading to the blocking or removal of his posts, as well as the suspension or deactivation of his social media accounts.
The Ministry of Information and Technology has argued that establishing Fact Check Units (FCUs) would serve the public interest by ensuring that "authentic information" regarding the government's business is verified and disseminated, thereby mitigating potential harm to the public.
In his judgment, Justice Patel noted that the proposed FCUs under the 2023 amendment to the IT Rules, 2021, infringe upon fundamental rights protected by Article 19(1)(g) of the Indian Constitution. This article guarantees the freedom to practice one's profession or business. Justice Patel pointed out that the amendment unfairly differentiates between online and print content, which raises concerns regarding equitable treatment under the law. Article 19(6) outlines the permissible restrictions that can be imposed on this freedom.
Justice Patel also stated that Fact Check Units (FCUs) would have the authority to unilaterally label online content regarding the government's business on social media as fake, false, or misleading, which amounts to a form of "censorship." He pointed out the contradiction in the government's stance: while claiming to support debate and dissent, it simultaneously argued that the amendment to the IT Rules, which restricts free speech, is necessary. This inconsistency raises concerns about the government's commitment to upholding democratic principles.
Image source: MINT
Comments