X Corp vs. Union Of India - LIVE UPDATES From Karnataka High Court

HC: too much dependence on AI will make your intelligence artificial.

Sr adv: true. Mistake is in hand of user and we have to see how far we can take technology

Raghavan now refers to Bombay HC’s ruling in Kunal Kamra’s plea.

Read the Judgment here: Breaking | Bombay High Court Allows Kunal Kamra's Plea, Strikes Down 2023 Amendment To IT Rules On 'Fact Check Units'

Raghavan: prescription under 69A is under 2009 Rules. This was also considered in Shreya Singhal.

HC: SC would consider 69A with blocking rules and 79 read with intermediary rules

Raghavan points to 3(1) (d): if rules and S 79 (3) (b) has a ground apart from 69A maybe govt can have an argument. Can you add grounds which are not 69A?

Rule 3(b)(5)

Raghavan: in bombay HC two learned judges took different views on constitutionality of rule 3 (b) (v). Matter went to third judge which struck it down. SLP is filed which is pending.

Raghavan reads Rule 3- which pertains to ‘due diligence’ to be carried out by intermediary

Read more about the 2021 Rules here: Centre Notifies Rules For Regulation of Social Media Intermediaries, OTT Platforms & Online Media

Raghavan now reads - The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

HC: what governs you the intermediary in 2021?

Sr adv: im saying there is not much difference in 2011 and 2021 rules. I can understand if 2021 rules had provided for safeguards. Let me show rules 

HC: shreya singhal considers 2011 rules. there is a change in 2021.

Sradv: yes as a fact lordship is right.

HC: 69A and 79(3)(b) to be seen in isolation or read in conjunction with any rule concerning intermediary?