Bombay High Court Strikes Down Fact-Checking Unit in IT Rules

The Bombay High Court on Friday struck down the provisions for establishing a Fact Checking Unit (FCU) to monitor content on social media platforms.

The decision was delivered by Justice AS Chandurkar, who was appointed as a ‘tie-breaker judge’ after a split verdict by a division bench in January 2023. The earlier verdict was delivered by Justices Gautam Patel and Neela Gokhale.

Justice Chandurkar ruled that the Information Technology Amendment Rules, 2023, which authorize the Centre to set up fact-check units (FCUs) to identify fake news online, were in violation of Articles 14 and 19 of the Constitution.

Petitions challenging the validity of amended Rules 3(i)(II)(A) and (C) of the Information Technology Rules, 2023, were filed by stand-up comedian Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines. They argued that these rules exceeded the scope of Section 79 of the Information Technology Act, 2000, and infringed upon the fundamental rights protected under Articles 14, 19(1)(a), and 19(1)(g) of the Constitution.

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The court concurred with the petitioners’ contention, stating that the rules would have a chilling effect on fundamental rights.