Bombay HC - Governments Are Accountable To Their Citizens And Should Be Open To Questioning And Providing Answers

During a hearing on petitions challenging the amendments to the Information Technology Rules of 2023, which introduced Fact Check Units (FCUs), the Bombay High Court expressed scepticism towards the government's authority to determine the truth and the necessity of such regulations. The court emphasized that governments are accountable to their citizens and should be open to questioning and providing answers.

The petitions were filed by the Editors Guild of India, the News Broadcast and Digital Association, comedian Kunal Kamra, and, the Association of Indian Magazines. They contested the amendments that empowered FCUs to identify and label online news deemed false or fake in relation to government activities.

Advocate Gautam Bhatia, representing the Association of Indian Magazines, argued that the government lacks constitutional authorization to classify and arbitrate speech as true or false. Bhatia further contended that the amendments violated the parent act, the Information Technology Act. Senior Advocate Arvind Datar, appearing for the News Broadcast and Digital Association, asserted that the amendments lacked constitutional validity due to the absence of clear definitions and asserted that even Parliament couldn't provide them.

The court reiterated that while the right to freedom of speech under Article 19(1)(a) doesn't include the right to spread falsehoods, it does encompass the right to defend the accuracy of a statement. The bench also questioned the limits of FCUs' power.

The Solicitor General, Tushar Mehta, representing the Union Ministry of Electronics and Information Technology (MeitY), is scheduled to present arguments on July 29.