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This is an archive article published on January 5, 2024
Fact-check unit for online content: Bombay HC to pronounce verdict in pleas against amended IT Rules on Jan 15
The Centre told the Bombay High Court that the FCU, set up to identify fake news related to the government published online, will not be notified till the judgment is passed.
Bombay High Court
The Bombay High Court bench led by Justice Gautam S Patel on Friday said that it will pronounce on January 15, 2024 the verdict on a bunch of petitions, including one filed by stand-up comedian Kunal Kamra, challenging the amended IT Rules which empowered the government to identify ‘fake news’ on social media platforms through the Fact Check Unit (FCU).
According to the IT rules amended in April last year, content marked by the FCU as “fake or misleading” will have to be taken down by online intermediaries if they wish to retain their “safe harbour” (legal immunity against third-party content).
The central government told the high court that the FCU, set up to identify fake news related to the government published online, will not be notified till the judgment is passed. The high court had on September 29 concluded the hearing and reserved its verdict and said the same would be announced on December 1. On December 1, the high court said the judgment was not ready and that it would try to pronounce the same by January 11.
Thereafter, the Centre’s lawyer said that the court could keep the matter post-Christmas vacation and the government’s earlier statement would stand extended till then. The bench agreed and posted the matter to January 5 when it will “most probably” pronounce the verdict.
On January 5, the bench deferred the date and said that it would list the matter for pronouncement of judgment on January 15. Solicitor General Tushar Mehta said the Centre will continue its earlier statement pertaining to the notification of FCU till then.
Along with Kamra, the Editors Guild of India, News Broadcasters and Digital Association, and Association of Indian Magazines have filed their pleas challenging the amended IT Rules.
The pleas challenged the constitutional validity of Rule 3 (1) (II) (A) and (C) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, stating that this would, in effect, amend Rules 3 (1) (a) and 3 (1) (b) (v) of the IT Rules, 2021, violating several Supreme Court judgments and fundamental rights under the Constitution.
© The Indian Express Pvt Ltd
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