Bombay HC strikes down Centre's bid to establish fact-checking unit
Mumbai/IBNS: The Bombay High Court Friday struck down the Centre's attempt to set up a fact-checking unit after standup comic Kunal Kamra filed a petition against the government's move.
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.
IBNS
Senior Staff Reporter at Northeast Herald, covering news from Tripura and Northeast India.
Related Articles

RG Kar victim’s mother set to enter Bengal polls as BJP candidate
Kolkata/IBNS: The Bharatiya Janata Party (BJP) is likely to field the mother of the RG Kar rape-murder victim as its candidate from the Panihati constituency in the upcoming West Bengal Assembly elections.

‘Will defeat Mamata Banerjee by 25,000 votes’: Suvendu Adhikari ups the stakes in Bhabanipur
Kolkata/IBNS: West Bengal Leader of Opposition Suvendu Adhikari has asserted that he will defeat Chief Minister Mamata Banerjee in her stronghold Bhabanipur and widen his victory margin in Nandigram in the 2026 Assembly elections.

Sara Ali Khan could be barred from praying at Badrinath, Kedarnath unless she signs ‘Sanatan’ affidavit
The Badrinath-Kedarnath Temple Committee (BKTC) has announced that non-Hindus wishing to enter the Badrinath Temple and Kedarnath Temple complexes will now need to submit an affidavit swearing faith in the ‘Sanatan’ religion, according to BKTC chairman Hemant Dwivedi.

HD Deve Gowda calls ties with Congress 'abusive relationship,' responds to Kharge’s Rajya Sabha jest
Former Prime Minister and Janata Dal (Secular) chief HD Deve Gowda on Wednesday described the 2019 alliance with the Congress as an “abusive relationship” that ended in divorce, responding to a quip by Congress chief Mallikarjun Kharge in the Rajya Sabha.
Latest News

BJP fields RSS loyalist in Tripura bypoll, names late MLA son for Nagaland seat

RG Kar victim’s mother set to enter Bengal polls as BJP candidate

‘Will defeat Mamata Banerjee by 25,000 votes’: Suvendu Adhikari ups the stakes in Bhabanipur

Who is Bhumika Shrestha, Nepal’s first transgender woman lawmaker?

