The Bombay High Court has been approached by stand-up comic Kunal Kamra who has challenged the recent amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Kamra said the change in the rule would empower the Central Government to identify ‘Fake News’ about itself in the social media.
He said the change in Rules are manifestly arbitrary, for they make the Central government the judge and the prosecutor in its own cause, thus violating a fundamental principle of natural justice.
Represented by Advocate Navroz Seervai, Kamra said the amendments violate free speech under Article 19 and will impact citizens’ right to express themselves.
The lawyer submitted that the government by itself cannot be the body identifying content as fake news. There cannot be restriction on Article 19 at all.
The counsel said that there is no ground for natural justice angle, there is no show cause, no notice.
The effect of this amendment would be that social media sites and telecom service providers will not allow user to host, display, upload, modify, publish, transmit, store, update or share any information in respect of any business of the Central Government, that is identified as fake or false or misleading by such fact check unit.
If those safeguards are taken away, the careers of many who rely on social media, would be finished.
The counsel argued that social media websites have rules. As part of which, they give you notice, maybe once, twice, and if you continue repeating, then your account is suspended. Further violations will end up with the account being deactivated. Some people have their careers on social media platforms. If that is taken away, their career is finished.
Additional Solicitor General Anil Singh said the amendments have not yet come into force and hence, no interim order would be required.