Challenge To Central Legislation: Uttarakhand HC While Dismissing PIL ‘In Limine’ Seeking Declaration Of New Amendment To IT Rules As Ultra Vires
|The Uttarakhand High Court has dismissed the PIL (Public Interest Litigation) ‘in limine’ that sought the declaration of Rule - 3 (i) (II) (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 as ultra vires.
A Division Bench comprising Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal held, “We are not inclined to entertain this Writ Petition in Public Interest, since it involves the challenge to a Central Legislation, in a vacuum. To be able to appreciate the challenge, we are of the view that it is necessary that we should have an actual fact situation before us, to see what the impact of the law, which is under challenge, is in the facts of the case.”
Advocate Kartikey Hari Gupta appeared on behalf of the petitioner while Standing Counsel Rajesh Sharma and Additional Chief Standing Counsel Pradeep Joshi appeared on behalf of the respondents.
The petitioner had preferred a writ petition in the public interest to seek a writ, order, or direction declaring Rule - 3 (i) (II) (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023; Notification dated 06.04.2023 (Annexure No. 1.) ultra vires Article - 14, 19 & 21 of the Constitution of India and Section - 79 of the Information Technology Act, 2000.
The petitioner further sought a writ, order, or direction in the nature of Mandamus directing the respondents not to implement the provisions of Rule - 3 (i) (I) (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.
As per the aforesaid amendment, the social media sites such as Facebook, Twitter, Instagram, etc., and telecom service providers are required to inform the users not to host, display, upload, modify, publish, transmit, store, update, or share any information with respect to any business of the Central Government, being identified as fake or false or misleading by such fact check unit.
It mandates that the online intermediaries need to take down any online content that the ministry-appointed fact-checking body marks as 'fake' or 'misleading’ in nature.
Accordingly, the High Court dismissed the writ petition.
Cause Title- Satya Dev Tyagi v. Union of India & Anr.