'IT Rules against fake news sort of diktat as it doesn't give chance to defend'

On Thursday the Bombay High Court stated that the recentlyamended Information Technology IT Rules that empower the Centre to act against fake false and misleading information was sort of a diktat as it does not give a chance to justify or defend the contentA division bench at the Bombay High Court sought to know what constitutes a government business under the amended rules as it referred to the recent political developments in Maharashtra where one party is moving to the otherThe bench also questioned as to why under the amended rules the government has taken the loco parentis regulation or supervision by an administrative authority only for content pertaining to government businessThe court was hearing a bunch of petitions challenging the amended IT rulesStandup comedian Kunal Kamra filed petitions in the Bombay High Court against the rules and termed them as arbitrary unconstitutional and that it would have a chilling effect on the fundamental rights of citizens The bench while hearing arguments asked what constitutes as government business under the rulesTake for example the present political climate in Maharashtraone party moving to the otheris that government business Justice Patel askedWhat is truewhat is falsethese are matters of perception With regard to misleading and fake content the Union government is saying we need to do this take action against fake content only for content on government business Why not do it for every misleading and fake content then the court questionedIt added that the internet was a fertile ground for misuse and said everyday messages are received warning people not to use certain apps or not to open any unknown linksI find it remarkable that the effect of the rules kicks in without any showcause notice or opportunity to justify or defend the content This itself removes the safe harbour provided It is sort of a diktat the court saidOn a lighter vein Justice Patel said The government has a mobile app Kavach which is supposed to provide citizens security cover This amended IT rules is removing your Kavach protective coverthat is what is happeningThe court further questioned if the amended Rules are limited to digital media and social media intermediaries and does not extend to the print mediaDoes such a Fact Checking Unit as prescribed to be set up under the amended Rules exist for the print media If it has not been done for the print media until now how can it be done for the digital media What is the government intending to do Justice Patel saidThe bench said if a newspaper has its own digital website and the contents used in print are the same as those being uploaded on its website then would the amended rules apply to the content printed in the print medium tooFarasat told the court that there was a dichotomy on this issueThe court would continue hearing the matter on July 14On April 6 this year the Union government promulgated certain amendments to the Information Technology Intermediary Guidelines and Digital Media Ethics Code Rules 2021 including a provision for a factchecking unit to flag fake false or misleading online content related to the governmentThe three petitions sought the court to declare the amended rules unconstitutional and direct the government to restrain from acting against any individual under the rules