India: Announced lawsuit challenging MeitY's rules pertaining to identification of fake content against the government on social media (Kunal Kamra v Union of India and Others)

On 10 April 2023, a Petition was filed in the High Court of Bombay challenging the Information Technology Amendment Rules, 2023 (IT Rules 2023), directing social media intermediaries to remove any news related to the Central Government deemed fake, false or misleading by a government-established Fact-Check Unit (FCU). The plaintiff alleged that the IT Rules 2023 conflict with Section 79 of the Information Technology Act, 2000, which provides a safe harbour for intermediaries, protecting them from liability for user-generated content unless notified by the Central Government through a court order. The plaintiff argued that the IT Rules 2023 bypass this court order requirement, allowing the government to act as both Judge and Prosecutor, violating the Indian Constitution by restricting freedom of speech and hindering political satire. The plaintiff, therefore, sought a stay on forming the FCU under the IT Rules 2023.