January 09, 2025 12:24 pm (IST)
Follow us:
facebook-white sharing button
twitter-white sharing button
instagram-white sharing button
youtube-white sharing button
6 dead in stampede near Tirupati temple during token distribution to offer prayers | Prominent journalist-film producer Pritish Nandy dies of cardiac arrest at 73 | Thousands, including Hollywood stars, flee Los Angeles upscale neighbourhood as wildfire engulfs homes | Sheesh Mahal row: AAP leaders who were denied entry into CM's residence turn towards PM's house | Anna University sexual assault accused is a DMK supporter, not member: MK Stalin | Ajit Doval, Raja Dato discuss bilateral cooperation during India-Malaysia Security Dialogue | US President-elect Donald Trump threatens to use economic force to make Canada 51st US State, Justin Trudeau retorts sharply | Elon Musk raises concern on 'world population decline' including that of India, China | Indian-origin Anita Ananda might replace Justin Trudeau as Canadian PM | 'I won't bite': Kamala Harris tells Senator's husband as he refuses to shake hands with her
In image Bombay High Court/ courtesy: Wikimedia Commons

Bombay HC strikes down Centre's bid to establish fact-checking unit

| @indiablooms | Sep 21, 2024, at 04:34 am

Mumbai/IBNS: The Bombay High Court Friday struck down the Centre's attempt to set up a fact-checking unit after standup comic Kunal Kamra filed a petition against the government's move.

Justice AS Chandurkar said the Information Technology Amendment Rules, 2023, which empowers the Centre to set up fact-check units (FCUs) for a crackdown on fake news online, is against Articles 14 and 19 of the Constitution.

"I have considered the matter extensively. The impugned rules are violative of Articles 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution of India," Justice Chandurkar said and struck down the proposed IT amendments.

The expression "fake, false and misleading" in the IT Rules was "vague and hence wrong" in the absence of any definition, the judge observed.

The case was heard by a third judge after a division bench of the Bombay High Court delivered a split verdict in this matter in January.

January's split verdict was delivered by a division bench of Justices Gautam Patel and Neela Gokhale. While Justice Patel struck down the Rules, Justice Gokhale upheld them.

Justice Patel had said the Rules amounted to censorship, but Justice Gokhale had said they did not have any "chilling effect" on free speech as argued.

In March, the Supreme Court put a stay on the Centre's notification announcing the operational status of its official fact-check unit (FCU).

The Supreme Court had said the Centre can't go ahead with its plan until the Bombay High Court decides on the constitutionality of the matter.

In his petition, Kunal Kamra had said the amendments would put unreasonable restrictions on freedom of speech and expression.

The petitioners said the provision would lead to government-led censorship online and empower it to be the "prosecutor, the judge, and in that loose sense, the executioner" of what constitutes the 'truth' online.
 

Support Our Journalism

We cannot do without you.. your contribution supports unbiased journalism

IBNS is not driven by any ism- not wokeism, not racism, not skewed secularism, not hyper right-wing or left liberal ideals, nor by any hardline religious beliefs or hyper nationalism. We want to serve you good old objective news, as they are. We do not judge or preach. We let people decide for themselves. We only try to present factual and well-sourced news.

Support objective journalism for a small contribution.