Bombay HC Strikes Down Amendments In IT Rules By Centre To Set Up Fact Check Unit

Mumbai: The Bombay High Court struck down the 2023 amendments to the IT Rules, allowing the Union Government of India to establish Fact Check Units to identify and debunk 'fake and misleading' information about its functioning on social media platforms. The high court cited that the amendments violate Article 14 and Article 19 of the Constitution. 

The Bombay High Court's tie-breaker bench of Justice Atul Chandurkar said, "I am of the opinion that the amendments are violative of Article 14 and Article 19 of the Constitution of India". The matter came to the tie-breaker judge after a division bench of Justices Gautam Patel and Dr Neela Gokhale delivered a split verdict in January 2024.

While hearing the matter in the court, the HC bench of Justice Atul Chandurkar said the Information Technology Amendment Rules, 2023, which empowers the Centre to set up fact-check units (FCUs) for identifying fake news online, went against Articles 14 and 19 of the Constitution. He said, "I have considered the matter extensively. The impugned rules are violative of Article 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 stated that the expression "fake, false and misleading" in the Rules was "vague and hence wrong" in the absence of any definition, adding that he agreed with the opinion given by now retired Justice Patel. 

Notably, this matter reached the tie-breaker judge in the Bombay High Court after a division bench of Justices Gautam Patel and Dr Neela Gokhale delivered a split verdict in January 2024.

The Central government had in 2023 amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021) and Rule 3, which grants the Centre the authority to form FCUs for identifying false online news, faced legal challenges later.

In the plea, the petitioners argued that the amendments were beyond the powers (ultra vires) of Section 79 of the Information Technology Act and violated the right to equality (Article 14) and the freedom to practice any profession, or to carry on any occupation, trade, or business (Article 19(1)(a)(g)) of the Constitution.