Bombay High Court Demands Government Response on Petition Challenging IT Rules Amendment
- ByStartupStory | April 12, 2023
The Bombay High Court has instructed the Ministry of Electronics and Information Technology (MeitY) to provide a response to a petition filed by renowned political satirist Kunal Kamra, which challenges two clauses of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. Stay updated with the latest news on Kunal Kamra’s petition and the Bombay High Court’s directive.
Recently, an amendment has been made that grants authority to a fact-checking unit of the central government to label and remove any online content related to the “business of central government” as “fake, false, or misleading.” This amendment, which was notified last week, is expected to face legal challenges as it potentially violates both the IT Act and the Constitution’s guarantee of freedom of speech and expression, except in certain cases. The specific language of the amendment, which has been challenged by Kamra, states that intermediaries are obligated to make “reasonable efforts” to prevent users from publishing, displaying, uploading, or sharing information about the central government’s business that is identified as fake, false, or misleading by the fact-checking unit specified by the Ministry of Electronics and Information Technology.
Kamra has legally challenged the validity of the amended Rules 3(i)(II)(A) and (C) of the IT Rules 2023, arguing that they go against Section 79 of the Information Technology Act, 2000 and violate constitutional principles of Articles 14, 19(1)(a), and 19(1)(g) of the Constitution of India. He contends that these amendments infringe upon the freedom of speech and expression, as well as his right to practice his trade and profession.
In response, the Bombay High Court has directed the Ministry of Electronics and Information Technology (MeitY) to file a response within one week, explaining why the IT Amendment Rules should not be stayed and providing the factual background that led to the issuance of the amendments. Justices Gautam Patel and Neela Gokhale have given MeitY until April 19 to file their reply, and the next hearing is scheduled for April 21.
Kamra, a stand-up artist, has filed a petition through advocate Meenaz Kakalia on April 10, raising concerns about the lack of definition for the term “business of the Central Government” in the amended rules. He also expressed apprehension about the potential misuse of the term “reasonable effort,” stating that intermediaries may simply take down content or make it unavailable for users in India based on the government’s fact-checking unit’s identification of it as fake, false, or misleading. Kamra highlighted that his primary form of comedy is social and political satire, and he shares his work on various social media platforms like YouTube, Twitter, Instagram, and Facebook, which makes him directly impacted by the amendment notified by the Ministry of Electronics and Information Technology on April 6. His web-series involves discussions with prominent activists, political leaders, and journalists on various aspects of the Indian socio-political landscape.
According to Kamra’s petition, the rules being challenged go beyond the scope of Section 79 of the IT Act, which provides safe harbor to intermediaries, protecting them from legal action for user-generated offensive or objectionable content. He argues that these amendments also violate the freedom of speech and expression, as the term “business of the central government” is overly broad and vague, creating a chilling effect where intermediaries may opt to take down any information flagged by the government’s fact-checking unit to avoid losing safe harbor.
Kamra further claims that the rules make the central government the sole authority to determine truth in relation to its business, forcing private parties to impose that version of truth on all users. He argues that this provision grants the government sole control over the marketplace of ideas, which constitutes a clear breach of Article 19(1)(a) that guarantees freedom of speech and expression, as per the petition.
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