![[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.
Justice Gautam Patel of the Bombay High Court expressed concern over judges facing “intolerable pressure” and “beyond brutal” working hours amid discussions on the Information Technology (IT) Rules Amendment and the proposed Fact-Check Unit. The court adjourned the hearing to February 8, urging the Centre not to notify the FCU until a third judge decides on the issue.