Petition Challenging New IT Rules by Kunal Kamra Is Maintainable: Bombay High Court

The Bombay High Court observed that petition filed by comedian/satirist Kumar Kamra challenging the latest amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021) is maintainable.

While hearing a constitutional challenge to the new IT Rule that requires to set up fact checking unit to verify online posts about Union Government, Bombay High Court stated that, “Our concern here is that this rule, however well intentioned, doesn’t have necessary guard rails.”

The High Court Bench consisted of Justices Gautam Patel and Neela Gokhle.

Petitioner moved the Court challenging the revised Rule 3(1)(b)(v), sought a declaration that rule 3(i)(II)(A), (C) to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 is ultra vires section 79 of the Information Technology Act, in addition to the Article 14 and 19(1)(a), (g) of the Constitution.

Additional Solicitor General (ASG) Anil Singh maintained that there is not necessity to stay the rule, however, Kamra’s lawyer Navroz Seervai demanding stay, pleaded that, “the chilling effect has already begun…HC had earlier stayed far less obnoxious legislation on chilling effect argument.”

The bench summing up Centre’s arguments said, “it is a notified rule. It is inoperable because of want of a FC panel. Until then the rule though notified will not function. Because it depends on such committee. If there is no urgency your challenge can wait.”

The High Courtdecided to hear the petition  this week on the limited question: whether the rules ought to be stayed or not?