The Editors Guild of India and Association of Indian Magazines have filed two separate petitions in the Bombay High Court, challenging the recent amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021).
Within days after stand-up comedian Kunal Ksmrra challenged IT Rules 2021, Editors Guild of India and another by Association of Indian Magazines moved the High Court to challenge the revised Rule 3(1)(b)(v) and Rule 3(i)(II)(A), (C) to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.
The Rule 3(i)(II)(C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 allows the Centre’s fact checking unit to identify “fake or misleading news” about Government policies, etc. On Wednesday, the three petitions came up for hearing before a division bench of Justices GS Patel and Neela Gokhale which directed the Ministry of Electronics and Information Technology (Meity) to file its reply to the three petitions by June 20.
The HC bench also asked the Centre to serve a copy of its reply to the three petitioners by June 20 and permitted the petitioners to file their rejoinders by June 28, 2023.
While adjourning the hearing on three petitions, Justice Patel said: “Since there are three petitions, we will not permit repeated arguments”
The HC bench scheduled the next hearing of the case on July 6. On its part, the HC bench expressed its prima opinion that as opposed to the affidavit, the rules did not seem to offer protection to fair criticism of the government like parody and satire.
Earlier, Additional Solicitor General Anil Singh told the court that the Central government to defer its decision till July 10 to form a fact checking body empowered under the IT Rules to identify and tag what it considers false or fake online news with respect to any activity of the government.
In their separate pleas, the petitioners have urged the court to hold amendments ultra vires Section 79 of the Information Technology Act and Article 14 (right to equality) and 19(1)(a)(g) [freedom to practise any profession, or to carry on any occupation, trade or business] of the Constitution.
Among other things, the amendment provides for setting up of a Fact Checking Unit (FCU) that will flag objectionable content. Without the FCU the Rules cannot operate.
The petitioners have contended that under the amended law, the telecom service providers and social media intermediaries will be under obligation to take action against content flagged by the fact checking unit. Failing this, they would lose the safe harbour protection under Section 79 of the Information Technology Act.