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The Bombay High Court's landmark ruling on September 20, 2023, has ignited a significant victory for freedom of speech in India. The court struck down controversial amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2023, which aimed to empower the government to establish a Fact-Check Unit (FCU) to identify and address 'fake or misleading' content about its activities on social media.
Stand-up comedian Kunal Kamra, who was a key figure in challenging the amendments, lauded the court's decision as a courageous defense of fundamental rights. He emphasized that the ruling strengthens Indian democracy by upholding the right to question, criticize, and even satirize government actions.
The court's judgment, delivered by Justice A S Chandurkar, declared the amendments unconstitutional, citing violations of Articles 14 (right to equality) and 19 (freedom of speech and expression) of the Indian Constitution. The provisions were deemed to infringe upon Article 21 (right to life and personal liberty) as well, failing to meet the 'test of proportionality.'
The contested amendments, notified by the Ministry of Electronics and Information Technology (MeitY) in April 2023, aimed to grant the FCU the authority to flag or remove content deemed inappropriate. This raised concerns for social media platforms, as they faced the risk of losing their safe harbor protections if they did not comply.
The ruling has been welcomed by various organizations, including the Editors Guild of India and the News Broadcasters & Digital Association, who joined Kamra in challenging the amendments. The Editors Guild hailed the court's decision as a crucial safeguard for press freedom. The ruling marked a significant turn in the legal battle, as it overturned a split verdict delivered earlier this year. While Justice Gautam Patel had ruled against the amendments, Justice Neela Gokhale had upheld their validity.
Kamra, in a post on X (formerly Twitter), emphasized the broad impact of the amendments: 'This law affected not just those who write, speak or create content relating to the goverment. It affects every citizen whose right it is to know about the business of the govemment.' The ruling serves as a stark reminder of the importance of safeguarding fundamental rights in the face of government attempts to restrict free speech and expression.
Source: Kunal Kamra hails Bombay High Court ruling that declares IT Rules on fact-check unit 'illegal'