Bombay High Court Quashes Fact Checking Unit Provisions Under IT Amendments

The Bombay High Court annulled provisions for establishing Fact Checking Units (FCUs) under the Information Technology Amendment Rules, 2023, citing violations of constitutional rights. The decision followed a split verdict in January and was delivered by 'tie-breaker judge' Justice AS Chandurkar.

The Bombay High Court on Friday invalidated provisions for forming a Fact Checking Unit (FCU) to monitor social media content. The ruling was handed down by 'tie-breaker judge' Justice AS Chandurkar, who was appointed as the third judge following a split decision by a division bench in January 2023. The initial verdict in January was given by Justices Gautam Patel and Neela Gokhale.

Justice Chandurkar stated that the Information Technology Amendment Rules, 2023, which allow the Central Government to set up FCUs for identifying fake news online, contravened Articles 14 and 19 of the Indian Constitution. The petition challenging these amendments was filed by stand-up comedian Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines. They argued that the amendments were ultra vires to Section 79 of the Information Technology Act, 2000, and violated the principles enshrined in Articles 14, 19(1)(a), and 19(1)(g).

The court sided with the petitioners, agreeing that the new rules would create a 'chilling effect' on fundamental rights. (ANI)

(With inputs from agencies.)