New Delhi, Mar 10 (PTI) The Supreme Court on Tuesday agreed to examine the Centre's plea against the Bombay High Court verdict that struck down the 2023 amendments to the Information Technology Rules aimed at regulating fake and false content on social media against the government.
The top court, however, refused to stay the 2024 Bombay High Court verdict, which not only struck down the amended Information Technology Rules but also termed them "unconstitutional".
A three-judge bench comprising Chief Justice of India Surya Kant and Justices R Mahadevan and Joymalya Bagchi issued notices to the original petitioners, including stand-up comedian Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines.
While refusing to stay the high court verdict, the CJI said that it would be better if the entire issue were finally decided.
The Bombay High Court, on September 26, 2024, formally struck down the amended Information Technology Rules aimed at identifying and regulating fake and false content on social media against the government.
During the hearing, Solicitor General Tushar Mehta, representing the Centre, sought a stay on the high court’s order, arguing that the government did not intend to "block content completely" but rather to regulate misinformation.
The contentious amendments to the IT Rules were introduced by the Union government on April 6, 2023, as part of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The regulations mandated the FCU to monitor and flag any content perceived as fake or misleading related to government activities. If flagged, social media intermediaries could either remove the content or post a disclaimer, risking legal repercussions if they opted for the latter.