Bombay High Court strikes down Centre’s bid to establish fact-checking unit after petition filed by famous comedian
The Information Technology Amendment Rules, 2023 went against Articles 14 and 19 of the Constitution.
Mumbai: The Bombay High Court has struck down an attempt by the central government to check a fact-checking unit. The Bombay HC took the decision on Friday, 20 September 2024 after stand-up comic Kunal Kamra filed a petition against the Centre’s move.
Justice AS Chandurkar said the Information Technology Amendment Rules, 2023, which empowers the Centre to check fact-check units (FCUs) for identifying fake news online, went against Articles 14 and 19 of the Constitution.
“I am of the opinion that the amendments are violative of Article 14 and Article 19 of the Constitution of India,” Justice Chandurkar said, and struck down the proposed IT amendments.
Earlier, a division bench of the Bombay High Court in January delivered a split verdict in this matter following which the case had long past to a 0.33 judge the verdict of which changed into pronounced on Friday, 20 September.
The Supreme Court had, in March, stayed a notification by the Centre announcing the operational status of its official fact-check unit (FCU). The Supreme Court had said the Centre can’t go in advance until the Bombay High Court decides on the constitutionality of the matter.
Kunal Kamra and other petitioners had said the amendments would put unreasonable restrictions on freedom of speech and expression.
The petitioners said the provision would set off 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.
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