Bombay HC delivers split verdict on Kunal Kamra’s plea challenging changes in IT rules 

Bombay High Court delivers split verdict on petitions challenging amended IT Rules dealing with fake news on social media.

A two-judge Bench of the Bombay High Court on Wednesday delivered a split verdict in comedian Kunal Kamra’s petition that challenges the Central government’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. The rules empower the Centre to establish a fact-checking unit (FCU) to identify fake, false and misleading information about the government’s business on social media platforms.

Justices Gautam Patel and Neela Gokhale pronounced the verdict on the four petitions filed by satirist Mr. Kamra, the Editors Guild of India, the Association of Indian Magazines and News Broadcast and Digital Association.

While Justice Patel ruled in favour of petitioners, Justice Neela Gokhale has disagreed and upheld the amendment. The case will now be placed before a third judge by the Chief Justice of the Bombay High Court. “There is a disagreement between us. We have passed separate judgments with divergent views. We were not able to concur,” Justice Patel said.

Solicitor General Tushar Mehta said the FCU would not be notified for another 10 days. The court has given autonomy to the petitioners to submit an application (if they need to) with the respective forum for further extension of the protection.

The petitioners, in their rejoinder, claimed that intermediaries only have an ‘illusion’ of choice once something is flagged by the government.

According to the new IT rules (2023), the government can ask social media platforms such as Facebook, X, Instagram, Youtube to remove any content/ news related to the ‘business of the Central government’ that was identified as ‘fake, false, or misleading’ with the help of FCU. An organisation appointed by the government will be the arbiter of such content, and if intermediaries do not comply with the organisation’s decision, they may lose their safe harbour status under Section 79 of the IT Act, 2000.