Fact-Check Units Under IT Rules Declared Unconstitutional By Bombay High Court

The Bombay High Court on Friday invalidated the 2023 amendments to the Information Technology (IT) Rules, which empowered the central government to establish Fact Check Units (FCUs) for monitoring and taking action against "fake and misleading" information about government activities on social media.

Justice Atul Chandurkar ruled that these amendments violated Article 14 (right to equality) and Article 19 (freedom of speech) of the Indian Constitution.

This decision followed a split verdict delivered by a division bench comprising Justices Gautam Patel and Neela Gokhale in January 2024.

Justice Patel had earlier struck down the amendments, citing concerns over the FCUs' potential infringement on free speech and professional freedom under Article 19(1)(g). He also highlighted the unequal treatment of online and print media content.

In contrast, Justice Gokhale had upheld the amendments, arguing that fears of bias within the FCUs were "unfounded" and that the rules did not restrict free speech or carry penal consequences for users.

To resolve the conflicting opinions, Chief Justice of the Bombay High Court appointed Justice Chandurkar as the 'tie-breaker' judge in February, leading to the final ruling.