The Bombay High Court will today (sept 20) deliver its verdict on pleas by stand-up comic Kunal Kamra and the Editors Guild of India seeking to strike down IT Amendment Rules, 2023 which empowers the Central government to establish a fact check unit (FCU). A third judge of the high court is scheduled to deliver the verdict. The Centre on March 20 had notified the fact check unit under the Press Information Bureau to monitor online content pertaining to the government for accuracy.
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Mumbai: Today, the Bombay High Court is set to deliver a crucial verdict on petitions filed by stand-up comedian Kunal Kamra and the Editors Guild of India, who have challenged the IT Amendment Rules, 2023. These amendments empower the Central government to establish a Fact Check Unit (FCU) aimed at scrutinizing online content related to government affairs for accuracy.
A third judge from the high court will deliver the verdict after a split decision by a division bench in January.
The case was referred to a third judge after the division bench of the Bombay High Court delivered a split verdict earlier this year, leading to further deliberation on the matter.
On March 20, the Centre officially notified the establishment of the Fact Check Unit under the Press Information Bureau (PIB). This unit is tasked with monitoring the accuracy of online content concerning government affairs. It was introduced under the IT Rules, 2021, by the Ministry of Electronics and Information Technology.
However, the Supreme Court intervened shortly after, putting a halt to the government’s move. A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra expressed concern over the potential impact on freedom of expression but refrained from commenting on the merits of the case.
According to the new rules, if the Fact Check Unit identifies or is informed about content that is “fake,” “false,” or “misleading” regarding the government’s business, it can flag the post to social media intermediaries. Once flagged, these platforms have two options: either remove the content or add a disclaimer. However, if the intermediary opts for the disclaimer route, it risks facing legal action.
Petitioners, including Kamra and the Editors Guild, have raised concerns about censorship, arguing that the new rules could curtail the freedom of expression on social media. They contend that social media platforms may be quick to remove flagged posts to avoid potential legal challenges.
Kunal Kamra specifically challenged the rules for infringing on his right to work as a political satirist, fearing that his content might be flagged by the Fact Check Unit. He voiced concerns over potentially losing his access to social media platforms if his satire, often critical of government policies, is deemed problematic by the unit.
According to Kamra, the rules provide the government with undue power to suppress criticism of its policies by flagging any content as misleading or false.
The Central government, however, defended the amendments, asserting that the new regulations were formulated “in the public interest” to combat the growing issue of fake news. The government assured that fact-checking would be conducted based on evidence, and any decision made by the Fact Check Unit could be challenged in court. Furthermore, the Centre emphasized that political opinions, satire, and comedy are not associated with the “business of the government,” as outlined in the rules.
Petitioners have criticized the definition of “business of the Central Government” as being too “vague,” leaving room for potential misuse and overreach by the authorities.
This landmark case holds significant implications for free speech in the digital age, as it explores the delicate balance between regulating misinformation and protecting freedom of expression in India. The upcoming verdict is expected to provide clarity on the future of content moderation and the extent of government oversight in online spaces.
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