Bombay HC strikes down Centre's bid to establish fact-checking unit

Justice AS Chandurkar said the Information Technology Amendment Rules, 2023, which empowers the Centre to set up fact-check units (FCUs) for a crackdown on fake news online, is against Articles 14 and 19 of the Constitution.

"I have considered the matter extensively. The impugned rules are violative of Articles 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution of India," Justice Chandurkar said and struck down the proposed IT amendments.

The expression "fake, false and misleading" in the IT Rules was "vague and hence wrong" in the absence of any definition, the judge observed.

The case was heard by a third judge after a division bench of the Bombay High Court delivered a split verdict in this matter in January.

January's split verdict was delivered by a division bench of Justices Gautam Patel and Neela Gokhale. While Justice Patel struck down the Rules, Justice Gokhale upheld them.

Justice Patel had said the Rules amounted to censorship, but Justice Gokhale had said they did not have any "chilling effect" on free speech as argued.

In March, the Supreme Court put a stay on the Centre's notification announcing the operational status of its official fact-check unit (FCU).

The Supreme Court had said the Centre can't go ahead with its plan until the Bombay High Court decides on the constitutionality of the matter.

In his petition, Kunal Kamra had said the amendments would put unreasonable restrictions on freedom of speech and expression.

The petitioners said the provision would lead to government-led censorship online and empower it to be the "prosecutor, the judge, and in that loose sense, the executioner" of what constitutes the 'truth' online.