'Important issue': SC to hear Centre's plea on IT rules
What's the story
The Supreme Court has agreed to hear the Union Government's challenge against the Bombay High Court's September 2024 decision, which struck down certain provisions of the Information Technology Rules that allowed the establishment of Fact Check Units (FCUs) by the central government. The court, however, refused Solicitor General Tushar Mehta's request for a stay on the high court's judgment at this stage.
Court's focus
CJI Kant on need for stricter regulations on social media
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice R Mahadevan observed that the matter was of "paramount importance." The CJI stressed the need for stricter regulations on social media platforms due to their potential dangers. He noted that even institutions like the army and police are not immune to fake news.
Verdict details
Split verdict in HC
The high court had delivered a split verdict on the matter in January 2024. Justice Gautam Patel struck down the rules, while Justice Dr. Neela Gokhale upheld them with minor modifications. The matter was then referred to Justice AS Chandurkar, who agreed with Justice Patel's view, stating that the amendments violated Articles 14, 19, and 21. The petitioners, including Kunal Kamra and the Editors Guild of India, argued that the IT rules violated fundamental rights under Articles 14 and 19.
Petition arguments
Petitioners' arguments in HC
They contended that the FCUs would lead to arbitrary censorship on platforms like X, Instagram, and Facebook. The petitioners claimed these rules were ultra vires to Sections 79 and 87(2) of the IT Act 2000. In his plea, Kamra argued that he is a political satirist who relies on social media platforms to share his work and that the rules could result in arbitrary censorship of his content by blocking, removing, or suspending his social media accounts.
Argument
Kamra's argument
The amended guidelines of 2023 require social media intermediaries such as X, Instagram, and Facebook to either remove the content or post a disclaimer once the government's FCU identifies the content on their platform. The Supreme Court has issued notices to Kamra, the Editors Guild of India and others on the Centre's plea challenging the Bombay High Court order striking down Rule 3 of the Information Technology Rules, 2023.