The Editors Guild of India has commended the Bombay High Court's decision to strike down the controversial 2023 IT Amendment Rules, which sought to grant the government power to establish a Fact-Check Unit to monitor and regulate online content, especially on social media platforms. The proposed amendments would have given the government significant control over identifying and labelling content as "fake news" or misleading. This decision, according to the court, violated the fundamental rights of free speech and expression, safeguarded by Article 19(1)(a) of the Indian Constitution.
The Guild had previously expressed serious concerns about the implications of these amendments on press freedom. They argued that allowing a government-appointed unit to determine the veracity of online content would undermine independent journalism, curtail the freedom of the press, and allow unchecked government control over what is deemed factual or false. This, in turn, would have far-reaching consequences on the free flow of information and the public's right to access diverse viewpoints.
The court's ruling highlighted the potential dangers of such unchecked authority and echoed concerns about the government using these rules as a tool for censorship. The judgment declared that the IT Amendment Rules were inconsistent with the constitutional guarantees of free speech and the right to equality, calling it an overreach that gave the government too much power over digital spaces.
In its response, the Editors Guild of India welcomed the court's decision as a victory for democratic values. They emphasised that this ruling ensures a necessary check on executive power and helps protect the press's role as a watchdog in a democratic society. The Guild reiterated the importance of free, independent media in fostering a healthy democracy and warned against any efforts that could limit the media’s ability to hold power to account.
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