Why has Bombay HC invalidated Centre’s proposed ‘fact-checking’ unit? | Explained
On September 20, the Bombay High Court struck down as “unconstitutional” and “vague” the amended Information Technology Rules, 2021, which empowered the Centre to establish a “Fact Check Unit” to identify “fake or false or misleading” online content about the government and its establishments. Following the split verdict, the Chief Justice of the High Court appointed Justice Chandurkar to hear the matter afresh and deliver a tie-breaking ruling, in accordance with the High Court rules. Endorsing Justice Patel’s view, Justice Chandurkar observed that the amended rules suffer from manifest arbitrariness and sought to impose restrictions on freedom of speech and expression beyond those defined under Article 19 of the Constitution. He also refused to accept the Centre’s claim that the ambit of the 2023 Rules would exclude political comments, debates and satire by reasoning that “any assurance from one Government even if carried out faithfully would not bind a succeeding Government.” Notably, Justice Chandurkar observed that the mere ability of an aggrieved person to challenge FCU decisions in a constitutional court could not be regarded as an adequate safeguard.
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