Fri Sep 20 12:20:09 UTC 2024: ## Bombay High Court Strikes Down Government’s Fact-Check Unit Rules

**Mumbai, India** – In a significant victory for free speech advocates, the Bombay High Court has struck down the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2023, which allowed the central government to establish fact-check units. This ruling comes after a split verdict delivered by a two-judge bench in January, with one judge upholding the validity of the amendments and the other declaring them unconstitutional.

Justice A.S. Chandurkar, siding with the dissenting opinion, declared the amendment “ultra vires” of the Information Technology Act and deemed the expressions “fake, false or misleading” vague and disproportionate. The decision effectively prevents the government from forming the fact-check unit unless it secures a stay from the Supreme Court.

The controversial amendments, announced in April 2023, sought to empower the fact-check unit to label online content related to the government as fake or misleading, compelling social media platforms to remove such content to maintain their legal immunity. This triggered concerns about potential censorship and suppression of free speech, with petitioners arguing that the government was attempting to control online narratives and stifle dissent.

The court’s decision has been welcomed by free speech advocates and legal experts who argue that the government should not be the arbiter of truth and that independent media and civil society are better equipped to tackle misinformation.

**Next Steps:**

The government has the option to appeal the High Court’s decision to the Supreme Court. Alternatively, it could amend the existing rules to clarify definitions of misinformation and establish transparent processes for fact-checking.

**Expert Opinions:**

“A government can not be the arbiter of truth and use the state machinery for censorship of user-generated content,” said Mishi Choudhary, founder of the Software Freedom Law Centre India.

Rashmi Deshpande, founder of Fountainhead Legal, emphasized the need for careful legal evaluation to address misinformation while upholding constitutional principles. She suggested the government engage with stakeholders like intermediaries and civil society to find a balance between accurate information and fundamental rights.

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