Bombay HC strikes down provisions for setting up Fact Checking Unit to monitor social media

Mumbai (Maharashtra) [India], September 20 : The Bombay High Court on Friday quashed the provisions for setting up a Fact Checking Unit (FCU) to oversee the content on social media.
'Tie-breaker judge' Justice AS Chandurkar delivered the decision. He was appointed as the third judge after a split verdict by a division bench in January 2023. The split verdict in January was delivered by a division bench of Justices Gautam Patel and Neela Gokhale.
The Judge said the Information Technology Amendment Rules, 2023, which empower the Centre to set up fact-check units (FCUs) for identifying fake news online, went against Articles 14 and 19 of the Constitution.
Stand up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines had filed petitions challenging the validity of amended Rules 3(i)(II)(A) and (C) of the Information Technology Rules, 2023. They argued these were ultra vires to Section 79 of the Information Technology Act, 2000 and violated principles enshrined in Articles 14, 19(1)(a) and 19(1)(g) of the Constitution of India.
The court agreed with the petitioners' claim that the rules would have a chilling effect on fundamental rights.