Fri Sep 20 11:35:37 UTC 2024: ## Bombay High Court Strikes Down Centre’s Fact-Checking Unit, Citing Constitutional Violations

**Mumbai, India:** The Bombay High Court has struck down the central government’s attempt to establish a fact-checking unit, deeming the move unconstitutional. The decision comes after a petition filed by standup comic Kunal Kamra challenged the Information Technology Amendment Rules, 2023, which empowered the government to set up these units for identifying and combating online fake news.

Justice A.S. Chandurkar, who presided over the case, ruled that the amendments violated fundamental rights enshrined in the Indian Constitution, specifically Articles 14 (right to equality), 19 (freedom of speech and expression), and 19(1)(g) (freedom and right to profession). The judge further criticized the vagueness of terms like “fake,” “false,” and “misleading” used in the IT Rules, highlighting the absence of clear definitions.

The case reached the single judge bench after a division bench in January delivered a split verdict. Justice Gautam Patel struck down the rules, deeming them censorship, while Justice Neela Gokhale upheld them, arguing they did not pose a threat to free speech.

This decision marks a significant victory for free speech advocates who argued that the proposed fact-checking unit would have created a chilling effect on online expression, allowing the government to arbitrarily censor content deemed “false” or “misleading.” Petitioners had also expressed concerns about the lack of transparency and accountability in the proposed unit’s operations.

In March, the Supreme Court had temporarily halted the functioning of the Centre’s official fact-check unit, pending the High Court’s decision on the constitutionality of the amendments.

This ruling is expected to have a major impact on the ongoing debate surrounding online content moderation and the government’s role in regulating information.

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