Bombay HC Strikes Down Ammendments To IT Rules Regarding Govt Fact Check Units

The Bombay High Court on Friday struck down changes to the IT Rules brought by the Central government that allowed it to set up Fact Check Units. The government had made the ammendments in 2023 giving it the authority to identify and debunk 'fake and misleading' information related to its functioning on social media platforms.
A tie-breaker bench of Justice Atul Chandrukar held that the amendments were in violation of Constitution's guarantee of equality before law (Article 14) and freedom of speech and expression (Article 19). In his opinion, necessitated by a split verdict delivered on the matter by a two-judge bench, Justice Chandruar said, "I am of the opinion that the amendments are violative of Article 14 and Article 19 of the Constitution of India". In 2023, the central government amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Rule 3, which granted the Centre the authority to form Fact Check Units for identifying false online news, faced criticism and legal challenges. The court was hearing four petitions filed by stand-up comic Kunal Kamra, the Editors Guild of India, the Association of Indian Magazines and the News Broadcast and Digital Association.
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