Censorship – Social Media

A Division Bench of Justices A.S. Gadkari and Dr. Neela Gokhale had first heard the matter. After contrary findings, the opinion rendered by the 3rd “tie-breaker judge” Justice A.S. Chandurkar, now forming the majority opinion, settled the matter. The amendment dated April 6, 2023 to Rule 3(1) (b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have therefore been declared unconstitutional and have been struck down.

The Bombay High Court’s landmark decision has signaled a significant victory for freedom of speech and expression in India. Justice Chandurkar’s opinion struck down Rule 3(1)(b)(v) of the IT Rules, 2021, amended in 2023, citing violations of Articles 14, 19(1)(a), and 19(1)(g) of the Constitution. This ruling is also a resounding affirmation that citizens have the right to free speech, and it is neither the state’s business nor burden to ensure the authenticity of information, or to filter information in public domain –especially with relation to government policies and programmes—on social media platforms and intermediaries.