Thread by @LiveLawIndia

[IT Amendment 2023]

#BombayHighCourt to shortly hear stand-up comedian KUNAL KAMRA's plea to stay new amendment to IT Rules empowering the Central Govt. to identify 'Fake News' about itself in the social media.

@kunalkamra88 #KunalKamra #ITRules

Kamra has challenged the amended Rule 3(1)(b)(v) of d Rules obligating intermediaries to make efforts to “cause” users not to upload or share “misinformation” or “misleading information.” Earlier intermediaries were only obligated to inform users.

#BombayHC #KunalKamra #ITRules

During the previous hearing the division bench of Justices Gautam Patel and Neela Gokhale sought the @GoI_MeitY 's response to the plea and also asked it to justify reasons necessitating the Amendment.

#BombayHighCourt #KunalKamra #ITRule2023

In response the Govt. said it's impending fact-checking unit may only identify false or misleading info on govt. policies, not satire or artistic impression.

livelaw.in/top-stories/ku…

#BombayHighCourt #KunalKamra #ITRule2023

Matter called out.

Sr Adv Navroz Seervai for Kamra

ASG Anil Singh for the Union - the learned solicitor general will be appearing in the matter. We are therefore seeking a week.

#BombayHighCourt #KunalKamra #ITRules2023

J Patel says he wants to hear the matter.

"Mr. Seervai's contention is that the Rules are per say unconstitutional"

#BombayHighCourt #KunalKamra #ITRules2023

ASG - There is no question of staying the rules as the Fact Checking Committee is not notified as yet. So there is no urgency.

#BombayHighCourt #KunalKamra #ITRules2023

The only thing you need to satisfy us is whether the amended Rules as they stand today warrant or don't warrant a stay.

ASG - What diff will 4 days make.

Seervai - They have no sustainable answer to our overwhelming contentions...

#BombayHighCourt #KunalKamra #ITRules2023

Seervai - On Article 14, Ram Krishna Dalmia judgement is there... Their affidavit is facile. It says all intermediaries are treated equally. Why doesn't this apply to States, etc

#BombayHighCourt #KunalKamra #ITRules2023

Seervai - Basically they are saying they don't want the central govt. action to be scrutinized by anyone does it, they will brand it as false.

#BombayHighCourt #KunalKamra #ITRules2023

Seervai - The chilling effect has already begun. Grant ad-interim releif. Keep it for admission.

#BombayHighCourt #KunalKamra #ITRules2023

Seervai - Today people in the country are scared. But they shouldn't be in a democracy.

#BombayHighCourt #KunalKamra #ITRules2023

Seervai - Under 19(1)(a) and (g) the initial burden to be discharged is very light. I will show the amendment doesn't fall under any of the 8 reasonable restrictions.

#BombayHighCourt #KunalKamra #ITRules2023

Seervai - If they have lived without this rule till now, 6 more weeks won't hurt.

Why should the 1.4 billion citizens of India be put into jeopardy. He is not saying nothing will happen till June 10.

#BombayHighCourt #KunalKamra #ITRules2023

Seervai - A few days ago the Indian Express came out with a report..says that FCU and nodal officers are going to come out at any moment.

#BombayHighCourt #KunalKamra #ITRules2023

J Patel - The only point Mr Singh is making is that the Rule (FCU) is inoperative. That is how this petition is different from the Leaflet's earlier challenge to the new IT Rules.

#BombayHighCourt #KunalKamra #ITRules2023

J Patel - Here we are not interested in locus..it a case of freedom of speech.

#BombayHighCourt #KunalKamra #ITRules2023

J Patel - We are not going to shoot the messenger.

#BombayHighCourt #KunalKamra #ITRules2023

Patel: On the face of it...the challenge survives, it's pressable

#BombayHighCourt #KunalKamra #ITRule2023

Patel: We are also unconvinced that there is a prohibition on court to stay a rule. We are not convinced that court can either strike down the rule or dismiss the petition.

ASG - If your lordship is hearing him then I have a preliminary objection.

#BombayHighCourt #KunalKamra

J Patel - I am saying for the third time this bench will not be available. Please understand that other benches have equally heavy dockets.

You want it Tom, day after, Thursday, no problem.

#BombayHighCourt #KunalKamra #ITRule2023

J Patel - Also, there is no question that the ASG of the court cannot handle this matter.

#BombayHighCourt #KunalKamra #ITRule2023

Patel: We are not saying that between now and Thursday you should be ready for final hearing. We are only here on an extremely time limited ad-interim.

#BombayHighCourt #KunalKamra #ITRule2023

J Patel - This morning page 3 TOI has done a fact check on the SC equal rights case.

J Patel - The (Union's) affidavit says that satire etc will be exempt .... but the rules don't say so.

#BombayHighCourt #KunalKamra #ITRule2023

J Patel - The problem here is the Rule however well intentioned, doesn't have the necessary guard rails.

#BombayHighCourt #KunalKamra #ITRule2023

Adjoured to Thursday 10am.

#BombayHighCourt #KunalKamra #ITRule2023

Adjoured to Thursday 10am.

https://twitter.com/LiveLawIndia/status/1650389815517679617?t=OoED5cAA9INNQZmjRNTgxA&s=19