Thread by @LiveLawIndia

#Breaking : Bombay High Court is hearing stand-up comedian KUNAL KAMRA plea challenging new amendment to IT Rules empowering the Central Govt. to identify 'Fake News' about itself in the social media.

@kunalkamra88

Hearing before a division bench of Justices Gautam Patel and Neela Gokhale.

Sr Adv Navroz Seervai for Kamra
ASG Anil Singh for Centre

#BombayHighCourt #KunalKamra

Sr Adv Seervai -The earlier bench of this court stayed a rule which was much less chilling. Once content is there, after the publication of the notification..there can be a retrospective effect.I can be cherry picked

This rule strikes at the heart.

#BombayHighCourt #KunalKamra

Seervai - This violates half a dozen SC judgements..

Seervai seeks an urgent hearing.

#BombayHighCourt #KunalKamra

Sr. Adv Seervai - We are challenging
Rule 3(1)(II)(A) & (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.

He states that the Rules in effect amends Rules 3(1)(a) and 3(1)(b)(v) of the IT Rules, 2021.

#KunalKamra

Justice Patel summarises the challenge in brief...

There may be many interpretations of a certain thing or statement but that doesn't make it false or fake ...
Can you restrict, restrain or curtail outside the parameters specified?

#BombayHighCourt #KunalKamra

Adv Seervai - This is neither reasonable nor in public interest. Just see the natural justice angle.. no hearing, no material placed.

#BombayHighCourt #KunalKamra

J Patel refers to the petition - So if the Fack Check Unit of the Central Govt will take the Indian Express.. they can stop them [from publishing further articles on the topic]

#BombayHighCourt #KunalKamra

Seervai - Now if the objectionable thing is repeatedly published, which happens automatically...Your account will be deactivated and you will be thrown off the platform...

#BombayHighCourt #KunalKamra

Seervai - People who survive only on these social media platforms, their career/ life is finished.

Ex-President of USA (@realDonaldTrump) was thrown out.

#BombayHighCourt #KunalKamra

On the point of urgency, ASG Anil Singh submitted that everything will come to effect only once the notification is published.

#BombayHighCourt #KunalKamra

Justice Patel states he wants an affidavit from the Centre on the factual background of the Rules and the reasons for stating certain things.

#BombayHighCourt #KunalKamra

Sr Adv Seervai says that certain amendments need to be made to the petition. One provision additionally challenged and they also want to add a prayer.

Re-verification dispensed with.

Union to file a reply by 19th

#BombayHighCourt #KunalKamra

Next date April 21st.

#BombayHighCourt #KunalKamra

Clarification

ASG submitted that there would be a separate notification for the 'Fact Checking Unit' therefore there was no urgency.

Justice GS Patel said that when it comes to freedom of speech they would consider everything as urgent.

#BombayHighCourt #KunalKamra