IPRMENTLAW’s Post

The famous Kunal Kamra case!! In January 2024, the Division Bench of the Bombay High Court gave a split verdict on whether the establishment of a Fact Check Unit (FCU) under Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 was constitutional or not. Consequently, the matter was referred to a third judge who has concluded that Rule 3(1)(b)(v) is violative of Articles 14 and 19 of the Constitution. Here are some findings: (a) Rule 3(1)(b)(v) is violative of the provisions of Article 14, Article 19(1)(a) and Article 19(1)(g) of the Constitution. (b) The said Rule is ultra vires the Information Technology Act, 2000. (c) The expression “fake or false or misleading” in absence of it being defined is vague and overbroad. (d) The impugned Rule cannot be saved either by reading it down or on the basis of any concession made in that regard of limiting its operation. (e) Given the totality of the above, the impugned Rule also results in a chilling effect qua an intermediary.

The #BombayHighCourt recently addressed a significant legal challenge related to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023. These rules pertain to the establishment of Fact Check Units (FCUs), which verify the accuracy of information disseminated online. The Bombay High Court’s decision brings clarity regarding the establishment of FCUs. Read this article by Nitish Kashyap: https://lnkd.in/gkHsPGx7 #HighCourtVerdict #FactCheckUnits #FreedomOfSpeech #LegalChallenge #FCUNotification #RuleAmendment #InformationTechnologyRules

𝐁𝐎𝐌𝐁𝐀𝐘 𝐇𝐈𝐆𝐇 𝐂𝐎𝐔𝐑𝐓 𝐒𝐓𝐑𝐈𝐊𝐄𝐒 𝐃𝐎𝐖𝐍 𝐈𝐓 𝐑𝐔𝐋𝐄𝐒 𝐀𝐌𝐄𝐍𝐃𝐌𝐄𝐍𝐓𝐒 𝐎𝐅 2023 𝐀𝐒 𝐔𝐍𝐂𝐎𝐍𝐒𝐓𝐈𝐓𝐔𝐓𝐈𝐎𝐍𝐀𝐋 The case concerns the IT Rules Amendment, 2023, which permitted the government to establish Fact-Check Units (FCUs) to combat misinformation directed at it. This move raised concerns about potential censorship and the suppression of free speech. A case was brought against the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, specifically Rule 3, which authorized the government to create Fact-Check Units (FCUs) to flag false news about the government. The challenge argued that the rule violated constitutional rights and constituted state censorship. Justice A. S. Chandurkar ruled that the amendments were unconstitutional, as they infringed upon Articles 14 and 19 of the Constitution, and thus struck down the contested provisions. #legalnews #constitution #legal #law #nexuslegalsolutions #kunalkamra

In the recent case of Kunal Kamra v. Union of India and connected petitions, the reference bench of Bombay High Court has addressed the validity of the amendment in 2023 to IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 which empowered the Central Government to notify fact check units to identify 'fake', 'false' or 'misleading' information with respect to the 'business of Central Government'. The High Court held that the amendment is unconstitutional and ultra vires the Information Technology Act, 2000. In this article, we analyze the judgment and share our perspective on it. https://lnkd.in/dkXzdkbq #Dispute #InformationTechnology #ITAmendment #ITAndDataProtection #BombayHighCourt #Litigation #Constitution 

In a significant judicial development, the recent case of Kunal Kamra v. Union of India has resulted in a split verdict concerning the amendments to the Information Technology (IT) Rules. This decision raises crucial questions about the balance between free speech and regulatory oversight in the digital sphere. For a comprehensive understanding of the arguments presented and their potential ramifications, read our article: https://lnkd.in/gs8Pe5fu Contributed by Adv. Japneet Kaur Kohli #DigitalMediaRegulation #BombayHighCourt #InformationTechnologyLaw #Article19 #ConstitutionalLaw #LegalUpdates #ACMLegal #TechLaw

The IT Amendment Rules 2023 amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021). The validity of Rule 3, which gives power to the Central government to form Fact Check Units (FCUs) for identifying false online news, was specifically challenged before the High Court through a clutch of petitions. Solicitor General Tushar Mehta appeared for the Central Government. Read the submissions of the parties here: https://lnkd.in/dq54NemA #BombayHighCourt #ITRulesAmendment #FactCheckUnit #ITRules2023 #BarandBench

Are you overwhelmed because of the new criminal laws? How shall I navigate the changes in the New Evidence Act? (Don't panic! We are here to help you!) Bharatiya Sakshya Adhiniyam (BSA) came into force from 1st July 2024. ▶ BSA replaced the Indian Evidence Act (IEA), increasing the number of sections from 167 to 170. ▶ The content of IEA has slightly changed eg. the scope of Secondary Evidence has been slightly broadened. ▶ There have also been some changes in the provisions relating to electronic evidence in the BSA. Don't worry! We have compiled data that compares the old and new Act. Laws will keep on evolving with time. There will be Amendments and repealments from time to time. We can't do much about it! Technology can help bridge this issue to a certain extent. If there is a tech-adept with all the new laws, lawyers can focus on case winning strategies. I guess every lawyer has once thought and wished some sort of technology could have helped them find solutions to complex legal issues. If you looking for such technology, do have a look at VakilAI (https://vakilai.in/index) Until then, enjoy the free searches. Save this document for later! ⬇

Supreme Court stays Union's Notification of 'Fact Check Unit' under IT Rules till Bombay HC's final decision Reported by Apoorva Goel Read More Here- https://lnkd.in/g4meVZar #BombayHighCourt #FactCheckUnit #ITIntermediaryGuidelinesandDigitalMediaEthicsCodeAmendmentRules2023 #ITRules #MinistryofElectronicsandInformationTechnology #MinistryofInformationandBroadcasting #PressInformationBureau #SupremeCourt #UnionNotification #scconline #SCC #legalnews #scconlineblog #legalknowledge #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

🚨🚨Statement: MeitY has notified the @PIBFactCheck of the MIB as the fact-checking unit (FCU) under the IT Amendment Rules, 2023. The notified FCU will be empowered to flag online “false”, “fake”, or “misleading” information related to the Union govt The establishment of the FCU less than a month before the country heads for the #GeneralElections2024 could vastly affect the nature of free speech on the internet as it holds the potential to be (mis)used for proactive censorship, most importantly in the context of dissent. https://lnkd.in/gPByErHZ . This notification follows the March 13 decision of the Bombay High Court, where the Bench refused to restrain the setting up of an FCU until the third Judge decides on the constitutionality of the 2023 Amendment. This effectively allowed the Union government to operationalise the FCU, despite its constitutionality being under deliberation before the High Court. https://lnkd.in/gjg-bmXd Establishing an FCU at the sole discretion of the Union govt to determine the veracity of online information related to the latter violates the principles of natural justice & poses a huge threat to online free speech & the right to receive information online. https://lnkd.in/gup9uigE Failure by intermediaries to take action against content flagged by the FCU may result in the loss of their safe harbour protections under Section 79 of the IT Act, 2000. This raises concerns about a chilling effect on press freedom. Insufficient transparency & accessible information around the PIB FCU’s composition & methodology for decision-making has previously raised questions about its capability & effectiveness. The draft amendment to the IT Rules released in January 2023 which proposed making the PIB FCU the arbiter of “fake news” received pushback from several leading news media outlets, raising concerns about the free speech of the press & PIB FCU’s history of errors. https://lnkd.in/gpDma_Cf We have since 2021 called for the recall of the unconstitutional, illegal, undemocratic IT Rules, 2021 & continue to do so for the IT Amendment Rules, 2023. We are still hopeful that the Bombay HC will rule against this unconstitutional provision & deliver a rights-respecting judgement. https://lnkd.in/gdaBgqPT The Supreme Court Bench headed by CJI will hear the appeal against the lack of stay on the notification of the FCU tomorrow. Association of Indian Magazines has also challenged the March 13 order and IFF has provided legal assistance. Follow us for timely updates on the matter. https://lnkd.in/gPED_jg7

Check out this article from USA TODAY: Biden to push for major Supreme Court reform as he seeks campaign momentum: report https://lnkd.in/gU3G6pwE This is complete BS! This is an attempt to void the Constitution…. Who is the real threat to this nation?