Bombay High Court officially strikes down Centre’s Fact Check Unit, calls amended IT Rules ‘unconstitutional’  

The tie-breaker judge, Justice Atul Sharachchandra Chandurkar of the Bombay High Court on September 20, 2024, pronounced his opinion after a Division Bench on January 31, 2024, delivered a split verdict by Justices Gautam Patel and Neela Gokhale

In a setback to the Centre, the Bombay High Court on Thursday (September 26, 2024) formally struck down the amended Information Technology Rules, 2023, which empowered the Centre to set up a fact check unit (FCU) to identify fake, false and misleading information about the government and its establishments on social media.

A Division Bench of judges comprising Justice A.S. Gadkari and Justice Neela Gokhale of the Bombay High Court observed, “In view of the majority opinion, the rule 3(1)(v) is declared unconstitutional and is struck down. Petitions are accordingly allowed.”

Also Read: Why has Bombay HC invalidated Centre’s proposed ‘fact-checking’ unit? | Explained

This move by the Bench comes days after the tie-breaker judge, Justice Chandurkar pronounced his opinion on September 20, 2024, after a split verdict was delivered by a Division Bench of Justices Gautam Patel [now retired] and Neela Gokhale on January 31, 2024.

Since Justice Patel has now retired, the matter was placed before Justices Gadkari and Gokhale to pronounce the final verdict on Thursday. The Bench has allowed the petitions filed by comedian Kunal Kamra, the Editors Guild of India, Association of Indian Magazines and News Broadcasters of Digital Association.

Delivering his opinion on September 20, Justice Chandurkar said, the Information Technology [Intermediary Guidelines and Digital Media Ethics Code] Amendment Rules, 2023, violated “Article 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution”.

The expression “fake, false and misleading” in the rules was “vague and hence wrong” in the absence of any definition, he added. “The impugned Rule also results in a chilling effect qua an intermediary,” the judge said.

Published - September 26, 2024 12:30 pm IST