Bombay HC defers verdict on challenge to IT Rules until Jan 15

The Bombay High Court has deferred its verdict in petitions challenging the IT amendment rules, which allowed the government to identify “fake news” about itself on social media, until January 15, LiveLaw reported.

The Central government has reportedly told the court that it will notify its fact check unit until the order is pronounced, according to Bar and Bench.

The court was earlier scheduled to pronounce its judgment on December 1 last year. And on December 1, it decided to defer its verdict until January 5, 2024.

The new IT Rules gives the government “unfettered power” in absence of any “guidelines and guardrails”, the Bombay High Court had observed in September last year while hearing petitions challenging the amendments.

The division bench of Justices Gautam Patel and Neela Gokhale had also questioned the government over the need for the amendment and the provision for a separate fact check unit despite the establishment of the Press Information Bureau fact check.

“You have a PIB which has its presence on social media. Why then was this amendment required and (the need) for an FCU to be set up? I think this amendment wants to do something more,” asked Justice Patel. Pointing out that the government was the “sole arbiter without any checks and balances”, he had emphasised the need to set up guidelines.

Representing the government, solicitor general Tushar Mehta had said the PIB’s fact check unit was “teethless”.

“The IT Rules are not related to curbing free speech at all. The government is not trying to proscribe and prohibit any expression of opinion, criticism, or comparative analysis...in fact we welcome them, encourage them and learn from them,” he had said, adding that the rules have “nothing to do with humour or satire…as far as the content does not cross the line”.

The petitions were filed by stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines, terming the rules as arbitrary and unconstitutional. 

The amendment, originally notified on April 6 last year, said social media companies and other intermediaries must take down content deemed fake by a government fact-check unit. It was widely criticised by press groups, opposition leaders and journalists. Kamra’s plea, filed a few days later, said the rules “have a chilling effect and are enough to chill people”.

Newslaundry reported on length on the controversies surrounding the amendment and why it’s a blow for press freedom. Read about it here.