Fri Sep 20 12:01:12 UTC 2024: ## Bombay High Court Strikes Down Centralized Fact Check Unit Rule

**Mumbai, India:** In a significant victory for freedom of speech, the Bombay High Court has struck down Rule 3(1)(b)(5) of the Information Technology Rules of 2023, which mandated the creation of a centralized Fact Check Unit (FCU). The ruling, delivered by Justice A S Chandurkar, upholds the earlier decision of Justice Gautam Patel who had also deemed the rule unconstitutional.

The rule, introduced in 2023, aimed to establish a single body responsible for identifying and flagging “fake news” online. However, the court found the rule to be overly broad and vague, violating fundamental rights to freedom of speech and expression.

Justice Chandurkar stated that the rule lacked clarity in defining “fake” or “misleading” content, leaving room for arbitrary interpretation and censorship. The court also found that the rule failed to meet the proportionality test, meaning that its potential benefits did not outweigh the infringement on fundamental rights.

The ruling follows petitions filed by comedian Kunal Kamra, the Editors Guild of India (EGI), and the Association of India Magazines, all challenging the constitutionality of the FCU and the rule under which it was introduced.

While the court initially rejected a stay on the formation of the FCU, the Supreme Court of India intervened, staying the notification for the FCU’s formation in March 2024 until the Bombay High Court reached a final decision.

This landmark ruling is a major blow to the government’s attempts to control the spread of information online. It reaffirms the importance of freedom of expression and underscores the need for clear, well-defined regulations when addressing issues like misinformation.

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