The Bombay High Court on Tuesday directed the Ministry of Electronics and Information and Technology (MeitY) to respond to a writ petition submitted by political satirist and activist, Kunal Kamra, against the IT Amendment Rules, 2023.
Kamra submitted the petition on Monday, challenging the constitutional validity of the “fact check proviso” of the bill, which has caused a public uproar as it potentially violates the right to freedom of speech and expression.
MeitY, which notified the amendments to the IT rules on April 6, has included a controversial provision that empowers the “fact check unit of the Central Government” to declare any content on the Internet relating to “any business of the Central Government” as “fake or false or misleading” and order it to be taken down from the Internet.
Also read: What is fake news?
Kamra, a political satirist and stand-up artist, filed a writ petition before the Bombay High Court challenging the constitutional validity of this provision for being ultra vires the Information Technology Act, 2000 (IT Act, 2000), and in violation of the right to freedom of speech and expression and the right to practice one’s trade and profession. The Bombay High Court has directed MeitY to file within one week its response on why the IT Amendment Rules, 2023 should not be stayed, and also describe the factual background that necessitated the issuance of the amendments.
Kamra submitted the following grounds for the challenge – according to the petition, the amendment is beyond the legal ambit of the IT Act, 2000; it violates the right to freedom of speech and expression, and it also does not satisfy reasonable restrictions on freedom of speech and expression under Article 19 1(2). Kamra further added that the amendment violates the right to practice and trade or profession under Article 19 (1)(g) – As a political satirist, Kamra relies on the Internet’s extensive outreach, particularly social media platforms, to disseminate his work. Subjecting their content to a capricious and biased “fact check” by a unit chosen by the Central Government would significantly curtail his capacity to partake in political satire.
Kamra submitted this petition in collaboration with the Internet Freedom Foundation. A bench of the Bombay High Court comprising Justice Gautam Patel and Justice Neela Gokhale is presiding over the hearings on this matter. The bench has directed MeitY to file within one week its response on why the IT Amendment Rules, 2023 should not be stayed. Specifically, MeitY has been ordered to describe the factual background that necessitated the issuance of the amendments in its affidavit. The affidavit has been ordered to be filed by April 19, 2023, and the next date of hearing in the matter is April 21
Published on April 11, 2023
