Context-
On September 20, 2024, the Bombay High Court delivered a significant ruling striking down the amended Information Technology (IT) Rules, 2021, deeming them "unconstitutional" and "vague." This ruling has profound implications for online content regulation in India, particularly concerning the government's authority to identify and remove "fake" information regarding itself. Justice Atul Sharachchandra Chandurkar provided the decisive vote in a split verdict that followed a prior division bench's differing opinions earlier in the year.
● Introduction of the Amended Rules
The amended Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (2023 Rules), introduced by the Ministry of Electronics and IT (MEiTY), conferred significant powers to the Union government. Specifically, these rules allowed for the establishment of a Fact Check Unit (FCU) to classify online content about the government as "fake," "false," or "misleading."
● Specific Requirements for Social Media Intermediaries
One of the most contentious aspects of the amended Rule 3(1)(b)(v) required social media intermediaries to take "reasonable efforts" to prevent the dissemination of content flagged by the FCU. If the intermediaries wished to retain their "safe harbour" protection—an essential legal immunity from liability for third-party content—they had to remove any flagged content within 36 hours. This provision raised concerns about censorship and the potential stifling of free speech.
The constitutional validity of the 2023 Rules was swiftly challenged in the Bombay High Court by notable figures, including political satirist Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines. Their legal action sought to address what they viewed as an overreach of governmental authority and a threat to democratic freedoms.
The division bench's split verdict reflected fundamentally different perspectives on the implications of the amended rules:
● Justice G.S. Patel's Opinion:
Justice Patel criticised the rules for promoting censorship, arguing that they did not conform to the reasonable restrictions allowed under Article 19(2) of the Indian Constitution. He highlighted the lack of procedural safeguards, contending that this arrangement effectively rendered the government a "judge in its own cause."
● Justice Neela Gokhale's Opinion:
In contrast, Justice Gokhale maintained that the government is best equipped to verify the accuracy of its own information. She asserted that the rules aimed to combat misinformation without curtailing legitimate discourse or criticism. Justice Gokhale dismissed claims of bias, arguing that the appointment of FCU members by the government did not compromise their independence.
Following the split verdict, the Chief Justice of the High Court appointed Justice Chandurkar to reassess the matter and deliver a conclusive ruling. This appointment aimed to break the tie and provide clarity on the legal standing of the amended rules.
As the situation developed, petitioners sought an interim stay on the notification of the FCU while the matter was pending. However, Justice Chandurkar dismissed these applications, asserting that no prima facie case warranted halting the establishment of the FCU.
On March 20, 2024, the Union government proceeded to notify the FCU under the Press Information Bureau (PIB). However, the very next day, the Supreme Court intervened, staying the operation of the notification until Justice Chandurkar rendered a final judgement. The Supreme Court recognized the serious constitutional questions surrounding the case, particularly in relation to the fundamental right to freedom of speech and expression.
● Findings on Arbitrary Nature of the Rules
In his ruling, Justice Chandurkar aligned with Justice Patel's concerns, emphasising that the amended rules exhibited "manifest arbitrariness." He noted that the restrictions imposed by the rules exceeded those permissible under Article 19(2) of the Constitution, which allows for reasonable limitations on free speech.
Justice Chandurkar also pointed out the vagueness of terms such as "fake," "false," and "misleading." He argued that these terms were overly broad and left significant room for potential misuse. This lack of clarity could allow the government to unilaterally determine what constitutes misinformation, a move that he deemed alarming.
● Implications for Freedom of Expression
The judge also dismissed the government's argument that the rules would not impact political commentary or satire. He highlighted that assurances from any current government could not bind future administrations, indicating a systemic risk to free speech.
Moreover, Justice Chandurkar noted that the mere possibility of judicial recourse for aggrieved parties did not provide adequate protection against the potential for arbitrary government action. He emphasised that the rules created a "chilling effect" on social media intermediaries, undermining their safe harbour protections and leading to self-censorship.
Consequences and Future Developments
● Potential Appeal by the Union Government
In light of the ruling, the Union government is expected to appeal the decision before the Supreme Court. The implications of this ruling extend beyond the immediate context, affecting the ongoing challenges to the 2021 IT Rules in other jurisdictions, including the Delhi and Madras High Courts.
● Impact on Similar Initiatives
The judgement will also influence the legitimacy of similar fact-checking units established at the state level, such as those in Tamil Nadu and Karnataka. As such, the ruling raises fundamental questions about the balance between combating misinformation and preserving democratic freedoms.
The Bombay High Court's decision to invalidate the amended IT Rules highlights critical issues surrounding the regulation of online content and the protection of free speech in India. By asserting that the rules were unconstitutional and excessively vague, the court has reignited the debate on the role of government in moderating digital information.
The outcome of this legal battle will likely set significant precedents, shaping the future of digital governance in India. The ongoing tension between regulating misinformation and safeguarding individual freedoms is a challenge that will require careful navigation as the landscape of social media and public discourse continues to evolve.
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Probable Questions for UPSC Mains Exam- 1. What were the key provisions of the amended IT Rules, 2023, and how did they empower the Union government in relation to online content? (10 Marks, 150 Worfd) 2. How did Justice Chandurkar's ruling address the concerns of vagueness and potential misuse within the amended IT Rules, and what implications does this have for free speech in India? (15 Marks, 250 Words) |
Source- The Hindu
