2 weeks Ago
The Bombay high court on Friday struck down the 2023 amendments to the Information Technology (IT) Rules, which allowed the central government to establish Fact Check Units (FCUs) to identify and act against "fake and misleading" information about its activities on social media platforms. Justice Atul Chandurkar ruled that the amendments violated Article 14 (equality before law) and Article 19 (freedom of speech) of the Indian Constitution. The ruling came after a split verdict by a division bench of Justices Gautam Patel and Neela Gokhale in January 2024.
Justice Patel had previously struck down the amendments entirely, citing concerns that the proposed FCUs would infringe upon freedom of speech and professional freedom under Article 19(1)(g). He also raised issues with the differential treatment of online and print media content. Justice Gokhale had upheld the amendments, asserting that concerns over potential bias in the FCUs were "unfounded.
" She said the amendments did not impose any restrictions on free speech or entail penal consequences for users. Following the conflicting opinions, the Chief Justice of Bombay High Court appointed Justice Chandurkar as the 'tie-breaker' judge in February to deliver a final ruling..
