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In his plea, the comedian has stated that such an amendment is violative of Article 14 and Article 19 of the Constitution.
Stand Up Comedian Kunal Kamra has approached the Bombay High Court challenging amended Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021).
Kamra has challenged the provision that empowers the government to fact-check social media posts through the fact-checking unit of the Central Government and take the posts down from social media.
Rule 3(i)(b)(v) of the amendments provides that Central Government can identify fake or false or misleading content through a fact check unit of the Central Government which must be notified and published in the official gazette.
The division bench of Justice GS Patel and Justice Neela Gokhale today heard the plea filed by comedian Kunal Kamra.
Senior Advocate Navroz Seervai, appearing for Kamra argued that such rules have a chilling effect and are violative of Article 19.
“These rules are there, the chilling effect is already there. The rule is enough to chill people. After the publication of this notification, I am liable to the fact-checking committee,” he submitted.
He further added that the rules are against the principles of natural justice.
“This identification cannot be by the government itself. There cannot be a restriction on Article 19 at all. The rules do not come within reasonable restrictions. Reasonable runs through it. This is against the interest of the public, this is not reasonable. Look at the natural justice angle, there is no show cause, no notice” he submitted.
Seervai further contended that social media platforms have a set of regulations in place and that users are notified once or twice if they violate these regulations, and if they continue to do so, their account may be suspended. Additionally, in case the violation persists, the user's account will be deactivated, he told.
“Since several individuals have built their careers on social media, losing access to their accounts can have a detrimental impact on their careers” he submitted.
Additional Solicitor General Anil Singh argued that the amendment is yet to come into force and therefore no interim relief is required.
The division bench, however, directed the Central Government to file its reply by 19th April and kept the matter for hearing on 21st April.
Case Title: Kunal Kamra vs UOI
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