Fact-Checking Unit: Congress Welcomes Bombay HC Order Quashing Amended IT Rules On Fake News

The Bombay High Court on Friday quashed the amended Information Technology rules aimed at identifying through an FCU "fake and false" content against the government on social media platforms, holding it as unconstitutional.

Observing that the amended rules infringed the right to equality and freedom of speech, the court also said the rules being vague and broad could cause a "chilling effect" not only on an individual but also social media intermediaries.

In a post on X, Congress general secretary in-charge communications Jairam Ramesh said the Bombay High Court has rightly held the fact-check unit as being unconstitutional.

"The non-biological PM is the Father of Falsification. It is a bizarre joke that the government he runs came up with this so-called 'fact check unit.' The Bombay High Court has rightly held it as being unconstitutional.

But this is not going to stop Him from spreading His unique brand of lies," Ramesh said.

Asked about the high court ruling, Congress' media and publicity department head Pawan Khera said, "Nobody took that fact-check unit seriously, including people in the government. So we welcome the order by the High Court of Bombay."

The CPI (M) also welcomed the Bombay High Court's decision.

"Welcome decision by the Bombay High Court to stop Modi government's vicious attempt to curb press freedom and free speech," the CPI (M) said in a post on X earlier on Friday.

The ruling was passed by Justice A S Chandurkar, who served as 'tie-breaker judge' after a division bench in January 2024 delivered a split verdict.

The amended rules provided for the establishment of a Fact Checking Unit or FCU with powers to flag misleading or false online content concerning the government.

Among others, the rules violated Article 14 (right to equality), Article 19 (freedom of speech and expression) and Article 19(1)(g) (freedom to practice any profession) of the Constitution, the third judge held.

Rule 3(1)(b)(5) -- the controversial provision dealing with the establishment of an FCU -- was ultra vires to the Constitution, he added.

Stand-up comedian Kunal Kamra, the Editors Guild of India, News Broadcast and Digital Association, and Association of Indian Magazines had filed petitions before the Bombay High Court challenging the new regulations.

Central to the controversy was the establishment of a Fact Checking Unit with powers to flag misleading or false online content concerning the government.

The court agreed with the petitioners' claim that the Rules would have a chilling effect on the fundamental rights.