![[BREAKING] "Unconstitutional": HC Strikes Down IT Rules For Establishment Of 'Fact Check Units' For Censoring Fake News](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/09/image-443.png?resize=447%2C367&ssl=1)
The Bombay High Court Today (Sept 26) officially struck down the amendment to the Information Technology (IT) Rules, 2021, which had granted the central government the authority to create a Fact Check Unit (FCU) to monitor and censor fake news. This amendment, which had sparked concerns over freedom of speech and press freedom, has now been overturned by the court, citing concerns over excessive government control and potential infringement on the fundamental rights of citizens.
The Bombay High Court’s Justice AS Chandurkar on September 20 struck down Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Rules Amendment), which empowered the Central government to establish Fact Check Units (FCUs) to regulate ‘fake news’ about its business finding it be violative of fundamental rights.
The Supreme Court, led by CJI Chandrachud, Today halted the implementation of Fact Check Units (FCUs) under the 2023 IT Amendment Rules, emphasizing the need to examine its impact on free speech. This decision followed petitions challenging the rules, including one from comedian Kunal Kamra, who argued that FCUs could lead to biased censorship by social media platforms regarding the Central government.
On Tuesday (19th March): Comedian Kunal Kamra has approached the Supreme Court to halt the implementation of Fact Check Units (FCUs) under the 2023 amendments to the IT Amendment Rules. He argues that this may lead to censorship, limiting free speech and affecting public discourse. His plea underscores concerns about online content regulation, potential impacts on democracy, and his fundamental right to practice his profession.
