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A. S. GADKARI, NEELA GOKHALE
Kunal Kamra – Appellant
Versus
Union of India, Rep. by the Secretary, New Delhi – Respondent
JUDGMENT :
1. The validity of an amendment of 6th April 2023 to Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“the amended IT Rule”) was the subject matter of challenge in this batch of writ petitions.
2. By Judgment and Order dated 31st January 2024, Justice G.S. Patel (as his Lordship then was) struck down the amended IT Rule as being ultra vires the provisions of Articles 14, 19(1)(a) and 19(1)(g) of the Constitution of India, Section 79 of the Information Technology Act, 2000 (“the I.T. Act of 2000”) and also being in violation of the principles of natural justice.
3. One of us (Dr. Neela Gokhale, J.) upheld the validity of the amended Rule holding the same as not violative of Articles 14 and 19(1)(a) of the Constitution of India. The said amended I.T. Rule was neither ultra vires the provisions of the Act of 2000 nor was it contrary to the judgment of the Supreme Court in Shreya Singhal vs. Union of India, 2015 INSC 257. It was held that the exemption under Section 79 of the I.T. Act of 2000 would cease to operate only if the offensive information as provided in the amendment to the Rules under challenge affecte
The court established that vague and overbroad regulations can violate constitutional rights and be struck down as unconstitutional.
The amended Rule 3(1)(b)(v) is unconstitutional as it violates Articles 14, 19(1)(a), and 19(1)(g) of the Constitution, is vague, ultra vires, and imposes disproportionate restrictions on free expres....
The impugned rule does not violate constitutional rights as it aims to curb misinformation while preserving the right to free speech, establishing clear parameters around false content concerning gov....
The 2023 amendment to regulate online content was held unconstitutional for violating fundamental rights, lacking clear guidelines, and enabling arbitrary government censorship.
Listing and scheduling of cases related to the challenge to Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and other related matters for future hearings.
The court affirmed the necessity of a liberal approach to condonation of delay in legal proceedings to promote substantive justice, while refraining from commenting on the magistrate's jurisdiction r....
Pornographic website – Social media account compromised - Removal or access disablement of offending content to be effective even within India, a search engine must block the search results througho....
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