Bombay HC Extends Stay On IT Rules That Allow Union Govt to 'Fact-Check' Social Media

The high court's stay on IT Rules comes after two new petitions were filed by the Editors Guild of India and the Association of Indian Magazines, challenging the constitutional validity of the provisions.

The Wire Staff

bombay hc extends stay on it rules that allow union govt to fact check social media

Bombay High Court. Photo: Flickr.

New Delhi: The Bombay high court on Wednesday, June 7, extended a stay on the IT Rules after two new petitions were filed by the Editors Guild of India (EGI) and the Association of Indian Magazines, challenging the constitutional validity of the provisions.

The high court has directed the Union government to file its reply to the new petitions by June 20. It has listed the matters for final hearing on July 6 and 7.

"We shall take up the petitions for final disposal from July 6 onwards. The petitioners' counsels shall complete their arguments on July 7 after which we shall set a date for the Union government to put forth their arguments," the court said, according to PTI.

The high court made these comments while hearing another petition filed by stand-up comedian Kunal Kamra challenging the constitutional validity of the Information Technology Rules.

Also read: The Amendments to the IT Rules Approach Censorship but Are More Complicated Than Apparent

On April 6, 2023, 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" or "false" or "misleading" online content related to the government.

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

As per the amendments, intermediaries such as social media companies will have to act against content identified by the fact-checking unit or risk losing their safe harbour protections under Section 79 of the IT Act. "Safe harbour" protections allow intermediaries to avoid liabilities for what third parties post on their websites.

Separately, the Union government told the court that it was extending till July 10 its undertaking to not constitute its fact-check unit to identify fake news against the government on social media

This article went live on June seventh, two thousand twenty three, at zero minutes past six in the evening.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.