Verdict has been delivered in the Kunal Kamra vs Union of India case.
Background
- The 2023 amendment [(3(1)(b)(v)] to IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 empowered the Government to identify fake news pertaining to its business on social media platforms through FCU.
- Such news was to be flagged and taken down by the intermediary.
- Failure to do so would subject the intermediaries to a legal action and losing their safe harbor (legal immunity against third-party consent).
- In 2023, Supreme Court stayed the Centre’s notification establishing FCU in Press Information Bureau (PIB).
Key Observations by the HC
- Rules are ultra vires (unconstitutional) or beyond the powers of the IT Act, 2000.
- Violate the Principles of Natural Justice and Fundamental Rights under Articles:
- 14 [Equality before Law]
- 19 (1) (a) [Freedom of Speech and Expression]
- 19 (1) (g) [Freedom to practice any profession]
- 21 [Right to Life and Personal Liberty].
- Vague, does not clearly define fake or misleading news.
- Also, in the absence of "right to the truth," the State is not responsible for providing citizens with only accurate information determined by the FCU.
- Fail to satisfy the test of proportionality.
About Test of Proportionality
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