The Aryavarth Express
Agency (Bombay): The Bombay High Court has issued a split verdict on the validity of the amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, specifically Rule 3, which empowers the Central government to establish a Fact-Check Unit (FCU) for identifying false or fake online news. The case involved stand-up comic Kunal Kamra and several media organizations.
The split verdict was delivered by a Bench of Justices GS Patel and Neela Gokhale, with Justice Patel ruling in favor of the petitioners and striking down the provision, while Justice Gokhale dismissed the petitions.
Solicitor General Tushar Mehta, representing the Union Ministry of Electronics and Information Technology (MEITY), assured the Court that the Ministry would not notify the formation of FCUs until the judgment was pronounced.
The petitioners had challenged the amendments on the grounds that they were arbitrary and unconstitutional, did not follow principles of natural justice, had ambiguous definitions, and gave the government monopolistic power over information circulation.
SG Mehta argued that the rules were intended to curb false news and did not prohibit expressions of opinion or critical analysis against the government. He emphasized that the rules considered the fundamental rights of various stakeholders and did not contain penal provisions.
