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Oct 30, 2024

Bombay High Court Holds IT Rules Which Empowered Central Government to Establish Fact-check Units as Unconstitutional

The Bombay High Court in its recent decision in Kunal Kamra v. Union of India,[1] held Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘Impugned Rule’), as amended by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, to be violative of Articles 14, 19(1)(a) and 19(1)(g) of the Constitution. The Impugned Rule empowered the Central Government to establish fact-check units (‘FCUs’), which were tasked with identifying ‘fake, false or misleading’ news about the Government circulating online. The FCUs were empowered to direct any social-media intermediary to remove such content from their platform. The Court struck down the Impugned Rule as unconstitutional since the expression ‘fake, false or misleading’, as used in the Impugned Rule was found to be ‘vague and overbroad’. Further, the Court held that the Impugned Rule was ultra vires the Information Technology Act, 2000, and, therefore, liable to be struck down.

[1] Kunal Kamra v. Union of India, 2024 SCC OnLine Bom 3025

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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