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On September 20, 2024, the Bombay High Court ruled against a controversial amendment to the IT Rules that threatened free speech online.
Justice A.S. Chandurkar delivered a tie-breaking opinion that emphasized the importance of protecting free expression and internet platforms.
The ruling highlighted concerns about government overreach in regulating online information.
Significance of the Ruling
The court upheld the right to free speech, emphasizing that the government cannot arbitrarily define what constitutes "fake" information.
The ruling protects the Internet as a platform for open expression, ensuring intermediaries (like social media platforms) can operate without undue censorship.
It limits the government’s ability to control narratives around its actions, promoting transparency and accountability.
By rejecting censorship, the court reinforced democratic principles essential for public discourse and the free flow of information.
Rule 3(1)(b)(v) of the IT Rules
This rule imposed strict obligations on intermediaries to monitor and potentially censor content deemed "fake" by the government’s Fact Check Unit (FCU).
The rule created a chilling effect, making intermediaries hesitant to host controversial content for fear of losing legal protections (safe harbour).
It risked undermining user rights by forcing intermediaries to choose between protecting content or maintaining their immunity from liability.
The court found the rule overbroad and vague, effectively allowing the government to act as the ultimate arbiter of truth without constitutional basis.
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