Bombay High Court Judge Critiques IT Amendment Rules In Kunal Kamra Case

The Bombay High Court has recently raised concerns about the establishment of fact-checking units related to amendments in the Information Technology Act. This scrutiny comes in light of a case filed by comedian Kunal Kamra and others.

Court’s Stance on Constitutional Rights

On Friday, the high court voiced its opinion that the amendments may infringe upon constitutional rights and fail the proportionality test. This perspective highlights significant implications for freedom of expression and the rights of users. The matter has been sent back to a division bench for further examination.

Justice AS Chandurkar presided over the case, which was presented to him as a tiebreaker judge. The state laid out its arguments during the hearing, with Solicitor General Tushar Mehta representing the government.

Government’s Justification for Fact-Checking Units

In court, Solicitor General Mehta explained that if a fact-checking unit deems content as fake and the intermediary does not act, the intermediary can provide a disclaimer to inform users. If no actions are taken, affected parties can approach the court, where they can argue about the content’s accuracy.

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Petitioners’ Concerns About Freedom of Expression

The petitioners argued that the amendments could chill users’ freedom of expression. They claimed that intermediaries might preemptively remove content to protect themselves, even if that content aligns with user interests. This raises critical questions about balancing regulation with free speech.

Previous Court Decisions

Earlier, the Bombay High Court had declined to stay the establishment of fact-checking units, stating that there was no strong argument against the amendment in its initial review. A temporary order was issued, and the case’s complexity increased when a division bench delivered a split verdict in January, necessitating the input of a third judge.

As the legal proceedings continue, the implications of the Bombay High Court’s stance on the IT Amendment Rules remain significant. This ongoing discourse emphasizes the importance of safeguarding constitutional rights amidst changing digital regulations.

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