IT rules against fake news: Bombay HC to pronounce verdict on pleas on January 5

Mumbai: The Bombay High Court on Friday said it would pronounce its verdict on January 5, 2024 on a bunch of petitions challenging the recently-amended Information Technology (IT) Rules against fake news pertaining to the government on social media.

A division bench of Justices Gautam Patel and Neela Gokhale had on September 29 finished hearing arguments in the matter and said at that time that it would try to give its verdict on December 1.

On Friday, the bench said its judgment was not ready yet.

"We are seeking adjournment now. We will try to give the verdict by December 11," the bench said.

The Union government had earlier assured the court that until judgment in the case was delivered, the Centre would not notify the Fact Checking Unit (FCU) to be set up under the Rules to identify and flag off fake, false and misleading facts on social media.

Advocate Rajat Nair, appearing for the Union government, said the court could keep the matter post-Christmas vacation and that its earlier statement would stand extended till then.

The bench agreed and posted the matter on January 5, 2024 for pronouncement.

Under the Rules, if the FCU comes across or is informed about any posts that are fake, false and misleading facts pertaining to the business of the government then it would flag off the same to the social media intermediaries.

Once such a post is flagged off, the intermediary has the option of either taking down the post or putting a disclaimer on the same. In taking the second option, the intermediary loses its safe harbour/immunity and stands liable for legal action.

A bunch of petitions were filed challenging the Rules earlier this year in the high court.

Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines have filed petitions in the HC against the Rules, terming them arbitrary and unconstitutional, and claiming that they would have a chilling effect on the fundamental rights of citizens.

The pleas said the government was trying to be the sole arbiter and would through these Rules try to curtail citizens' freedom of speech and the right to expression.

The Centre, however, said that it was not against any kind of opinion, criticism, satire or humour and that the Rules were to only proscribe or prohibit peddling of fake, false and misleading facts on social media.

On April 6 this year, the Union government promulgated certain amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including a provision for a fact-checking unit to flag fake, false or misleading online content related to the government.

The three petitions sought the court to declare the amended Rules unconstitutional and direct the government to restrain from acting against any individual under the Rules.