. 21/09/2024 4:35 PM
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What was the IT Amendment Rules 2023?
On 6th April 2023, the Ministry of Electronics and Information Technology made changes to Rule 3(1)(b)(v) of the IT Rules 2021, broadening the scope of fake news to include government business. This led to the formation of Fact Check Units (FCUs) tasked with identifying and flagging fake, false, or misleading content related to government affairs on social media platforms. The intermediaries were then required to remove such content to maintain legal immunity for third-party content.
Why was it opposed?
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The Amendment gave arbitrary powers to the Government. This raised concerns about freedom of speech, prompting a legal challenge by Kunal Kamra along with the Editor Guild of India, News Broadcasters and Digital Association, The Association of Indian Magazines, TV 18 Broadcast Ltd, and Bennett Coleman and Company Ltd. The Bombay High Court initially delivered a split verdict in January 2024 and later referred the case to a third judge, Justice Chandurkar.
What was Verdict?
Despite Justice Chandurkar's refusal to grant a stay on the notification establishing the FCU, the Supreme Court intervened and stayed the operation of the notification until the Bombay High Court reached a final decision. After concluding hearings on 8th August, Justice Chandurkar delivered a verdict on 20th September, deeming the amended rules to be in violation of fundamental rights as enshrined in the Indian Constitution. He emphasized that the decisions made by the FCU could not be adequately challenged, ultimately settling the matter in favor of the petitioners.
Now, a division bench of two judges will formally announce the verdict against the amended order. However, the government retains the option to appeal to the Supreme Court, as similar issues are pending before the Delhi and Madras High Courts.
For more details, Please check out our YouTube video!
