EDITORS GUILD OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2022 forms the subject matter of a constitutional challenge which is pending before the High Court of Judicature at Bombay.

(3.) The Rule which was notified on 6/4/2023 inter alia stipulates that the intermediary shall make reasonable efforts by itself and cause the users of its computer resource to not host, display, upload, modify, publish, transmit, store, update or share any information that.. "in respect of any business of the Central Government is identified as fake or false or misleading by such Fact Check Unit of the Central government as the Ministry may by notification publish in the Official Gazette specify". Rule 7 stipulates that "where an intermediary fails to observe these Rules, the provisions of sub-sec. (1) of Sec. 79 of the Act shall not be applicable to such intermediary and the intermediary shall be liable for punishment under any law for the time being in force including the provisions of the Act and the Indian Penal Code.