Centre says fact-checking unit under IT Rules won’t be notified till July 5, Bombay High Court lists Kunal Kamra plea to June 8

KunalKamra

The Union government on Thursday apprised the Bombay High Court that the fact-checking unit under the amended IT Rules will not be notified till July 5.

Appearing for the Centre, Additional Solicitor General Anil Singh told the Division Bench of Justice G.S. Patel and Justice Neela Gokhale that he had instructions to make a statement that FCU will not be notified till July 5.

The High Court was hearing a petition filed by stand-up comic Kunal Kamra, challenging the recent amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Kamra said in the plea that 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 were manifestly arbitrary, for they made the Central government the judge and prosecutor in its own cause, thus violating a fundamental principle of natural justice.

Taking note of Kamra’s plea that the amended rule even without the FCU notification will deter free speech, the High Court ruled that there was no reason to immediately go into the question of stay or suspension of the impugned rule as it stood, as without a fact check unit being notified, the rule could not be operated.

The High Court gave liberty to Kamra to amend his petition against the Centre’s competence to amend the Rules and posted the matter for further hearing on June 8. 

While directing the stand-up comic to file the amendment by May 2, the Bench further directed the Union government to file a complete response to Kamra’s petition, including the amended petition by June 6. 

It noted that the petition would finally be decided at the admission stage.

Earlier, Advocate Navroz Seervai, representing Kamra, had said the amendments violated free speech under Article 19 and were bound to impact the citizens’ right to express themselves.

The petition contended that the government by itself cannot be the body identifying content as fake news. There cannot be a restriction on Article 19 at all.

There was no ground for natural justice angle, as there was no show cause or notice issued to Kamra.

The post Centre says fact-checking unit under IT Rules won’t be notified till July 5, Bombay High Court lists Kunal Kamra plea to June 8 appeared first on India Legal.



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