हिंदी

Constitutionality Of A Rule Is Of Utmost Importance Says Bombay HC

Bombay HC

The Bombay High Court has recently emphasized that the constitutionality of a rule is of utmost importance, regardless of the noble intentions behind it.

In a hearing presided over by Justices Gautam Patel and Neela Gokhale, petitions were filed challenging the constitutional validity of the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.

These rules require social media intermediaries to censor or modify content related to the Central government if directed to do so by a government-mandated fact-checking unit (FCU). Senior advocate Navroz Seervai, representing Kunal Kamra and others, argued that the rules violate citizens’ freedom of speech and expression, and the court echoed that unconstitutional effects cannot be overlooked.

The bench also noted that intermediaries comply with government directives, which is why no intermediary company has petitioned against the rules. The court questioned whether it is the government’s role to dictate what should be removed from online platforms and emphasized the potential loss of safe harbor provisions if sites refuse to comply with the government’s direction.

The hearing will continue on July 8.

Recommended For You

About the Author: Meera Verma

Delhi Court Extends AAP’s Amanatullah Khan’s Custody Until Nov 16 Protest Group Claims Harassment In Road Rage Incident Over RG Kar Horror SC Asks Delhi Govt, Police: ‘Why Ban On Firecrackers Was Not Followed?’ 2016 Collectorate Blast Case: Kerala Court Convicts 3 Individuals NGT Criticizes UP For ‘Lethargic Attitude’ In Floodplain Demarcation