‘Fact-check unit unconstitutional’: High Court strikes down amended IT Rules on fake news

The court agrees with petitioners that the provisions would lead to government-led censorship, undermining free speech and expression rights, especially on social media

- MPOST BUREAU

The Bombay High Court struck down changes to the Information Technology Rules brought by the Central government on Friday, which allowed it to set up Fact Check Units. The government had made the amendments in 2023 giving it the authority to identify and debunk 'fake and misleading' information related to its functioning on social media platforms.

Being "vague and overbroad", the amended provision could have a "chilling effect" not only on an individual but also social media intermediaries or platforms the High Court held. The landmark ruling was passed by Justice A S Chandurkar who served as a 'tie-breaker judge' after a two-member bench in January 2024 delivered a split verdict. The amended rules violated several constitutional provisions, including Article 14 (right to equality), Article 19 (freedom of speech and expression) and Article 19(1)(g) (freedom to practise any profession), the third judge held. Rule 3(1)(b)(5) — the controversial provision dealing with the establishment of a Fact Checking Unit (FCU) — was ultra vires to the Constitution, he added. Stand-up comedian Kunal Kamra, Editors Guild of India, News Broadcast and Digital Association, and Association of Indian Magazines had filed petitions before the Bombay High Court challenging the new regulations. Kunal Kamra and other petitioners had said the amendments would put unreasonable restrictions on freedom of speech and expression.

Takeaways

The court ruled that the amended provisions violated constitutional rights, including Article 14 (right to equality), Article 19(1)(a) (freedom of speech and expression), and Article 19(1)(g) (freedom to practise any profession)