The Bombay High Court on Friday termed amendments to the Information Technology (IT) Rules, including setting up of a fact-checking unit to detect anti-government fake content on social media, as unconstitutional and ordered the amendments to be struck down.
The High Court held that the amendment violates fundamental constitutional rights. Justice A.S. Chandurkar was assigned the case as the tie-breaker judge. Justice Chandurkar held that the amendments to the IT Rules violate Article 14 (right to equality), Article 19 (freedom of speech and expression) and Article 19(1)(g) of the Constitution. The words 'false, inaccurate and misleading' in the context of content in the rules are vague and ambiguous in the absence of any precise definition. He agreed with the opinion of (now retired) Justice Patel. The Editors Guild of India, News Broadcasters and Digital Association, Association of Indian Magazines and standup comedian Kunal Kamra had filed petitions in the High Court against the amendments to the IT Rules.