Editors Guild Welcomes Bombay HC Verdict Striking Down IT Amendment Rules as ‘Unconstitutional’

GG News Bureau
New Delhi, 21st Sept. The Editors Guild of India has lauded the Bombay High Court’s decision to strike down the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, declaring them unconstitutional. The court specifically invalidated Rule 3, which had empowered the Central Government to establish Fact-Check Units (FCUs) to identify and remove “fake and misleading” content about its business on social media platforms.

Justice Chandurkar, who delivered the verdict, remarked that the amendments violated fundamental rights, including Article 14 (equality before the law) and Article 19 (freedom of speech and expression) of the Indian Constitution. He further noted that the provisions did not meet the “test of proportionality” and also breached Article 21 (protection of life and personal liberty). The judgment followed a split verdict in January 2024 by a division bench comprising Justices Gautam Patel and Dr. Neela Gokhale. Justice Patel had declared the rules unconstitutional, while Justice Gokhale upheld their validity, prompting the referral to a third judge.

The IT Amendment Rules, 2023, notified on April 6, 2023, by the Ministry of Electronics and Information Technology (MeitY), included provisions for online gaming regulations and allowed the Central Government’s fact-check unit to flag and remove any content related to its business that was deemed “fake, false, or misleading.”

The Editors Guild, in a statement dated April 7, 2023, had raised concerns about the adverse effects the amendments would have on press freedom. In June 2023, the Guild, along with other petitioners such as political satirist Kunal Kamra, the Association of Indian Magazines, and the News Broadcasters & Digital Association, filed a writ petition challenging the constitutionality of these rules. They argued that the provisions were ultra vires of the Information Technology Act, 2000, and violated free speech rights.

The Guild expressed gratitude to the legal team led by Senior Advocate Shadan Farasat, along with Advocates Natasha Maheshwari, Hrishika Jain, and Niharika, for their efforts. The petition was filed by Bombay counsel Bimal Rajshekhar.

The Editors Guild also extended its appreciation to the other petitioners and their legal teams, marking the verdict as a victory for press freedom in India.