Headline
The Bombay High Court brings down IT Amendment Rule authorizing Government Fact-Check Units.
Summary
The Bombay High Court has invalidated Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, which permitted the formation of Fact-Check Units (FCUs) to scan and monitor the online content against the government.
Key Facts
- Case Name: Kunal Kamra v. Union of India & Ors.
- Judges Name: Justice AS Chandurkar (tie-breaker), Justice GS Patel, Justice Neela Gokhale
- Split verdict in January 2024 led to a tiebreaker opinion of Justice AS Chandurkar.
- Rule 3 violated Articles 14 and Article 19 of the Indian Constitution, according to AS Chandurkar.
Legal Insights
Justice GS Patel raised concerns about censorship and inequality in free speech. Justice Neela Gokhale defended the rules as targeting vagueful false information. Justice AS Chandurkar eventually found the rule unconstitutional
Impact
The decision restricts the power of the government to regulate online content and affirms the protection of free speech, mainly against potential state censorship.
Why It Matters
It focuses on the principle that the government cannot unilaterally control information on social media, protecting the rights to free speech and equality as given under the Indian Constitution.
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