Lagatar24 Desk
Mumbai: The Bombay High Court on Friday struck down the central government’s attempt to establish a fact-checking unit (FCU) as part of the Information Technology Amendment Rules, 2023. The decision came after comedian Kunal Kamra filed a petition challenging the Centre’s move, arguing it violated fundamental rights.
Justice AS Chandurkar ruled that the IT rules, which sought to set up FCUs to identify fake news online, contravened Articles 14 (right to equality) and 19 (freedom of speech and expression) of the Indian Constitution. “The expression ‘fake, false, and misleading’ is vague in the absence of any clear definition,” Justice Chandurkar said, emphasizing that the proposed amendments posed a threat to free speech and struck down the rules.
The ruling followed a split verdict in January by a division bench of Justices Gautam Patel and Neela Gokhale. While Justice Patel opposed the IT Rules, calling them a form of censorship, Justice Gokhale upheld them, asserting they did not have a “chilling effect” on free speech. The matter was eventually referred to a third judge, whose ruling was delivered today.
In March, the Supreme Court had already stayed the Centre’s notification on the operational status of its official fact-check unit, awaiting the Bombay High Court’s decision on the matter.
Kamra and other petitioners had argued that the amendments would lead to government overreach, enabling censorship and giving the government undue power to control what is deemed “truth” on the internet.
