Association of Indian Magazines hails Bombay High Court's verdict on IT amendment rules

The Association of Indian Magazines (AIM) welcomed the Bombay High Court's ruling, which struck down the 2023 IT Amendment Rules as unconstitutional. The contentious Rule 3 allowed the government to establish a Fact-Check Unit to regulate online content about its business. The court, led by Justice Chandurkar, ruled the amendment violated Articles 14, 19, and 21, citing concerns about free speech and proportionality. AIM, along with several other media bodies and petitioners, had filed a challenge, expressing fears over government overreach and censorship.

The IT Amendment Rules were notified by the Ministry of Electronics and Information Technology (MeitY) in April 2023. The rule granted a government fact-check unit the authority to classify online content related to government business as "fake, false, or misleading." This decision would effectively stifle the publisher's freedom and the public's right to information. AIM, alongside other petitioners like political satirist Kunal Kamra, the Editors Guild of India, and the News Broadcasters & Digital Association, challenged the rule’s constitutionality in June 2023.

The case faced a split verdict in January 2024, with Justice Gautam Patel striking down the rule and Justice Dr. Neela Gokhale upholding it. Ultimately, Justice Chandurkar's ruling confirmed the violation of constitutional rights, dealing a blow to the amendments.

AIM credited its legal team, supported by the Internet Freedom Foundation, for their efforts in defending press freedom. The association also acknowledged other petitioners and legal teams involved in the case. AIM sees this victory as crucial in maintaining free speech and preventing potential government censorship.