Bombay High Court Strikes Down Controversial IT Rule on Government Fact-Checking
In a landmark ruling on Friday, the Bombay High Court invalidated Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, which would have empowered the central government to form Fact-Check Units (FCUs) for filtering purported misinformation concerning the government on digital platforms. The decision emerged from petitions challenging the rule’s constitutionality, including one led by comedian Kunal Kamra.
Justice AS Chandurkar delivered the judgment, resolving a split decision earlier this year by a two-judge bench. He determined that the rule breached Articles 14 and 19 of the Indian Constitution, which enshrine the rights to equality and free speech. The court emphasized that allowing the government to decide what constitutes falsehood could pave the way for state censorship.
Senior Advocates Navroz Seervai and Arvind Datar, representing the petitioners, argued that Rule 3 was unconstitutional under Section 79 of the Information Technology Act. They expressed concern that the establishment of FCUs would infringe on freedoms guaranteed by the Constitution and could lead to a disproportionate focus on government-related discourse.
Divergent views within the court surfaced, with Justice GS Patel advocating for the rule’s annulment to prevent censorship, while Justice Neela Gokhale supported it as a necessary measure against misinformation. Chief Justice DK Upadhyay later referred the case to Justice Chandurkar to break the stalemate.
In defense of the rule, Solicitor General Tushar Mehta claimed that the aim was not to stifle criticism but to ensure the accuracy of government-related information. Nevertheless, the court ultimately sided with the petitioners, cementing a significant victory for freedom of expression in the digital age.