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In September 2024, which High Court of India struck down the amended Information Technology Rules 2023, which empowered the Centre to set up a fact check unit (FCU) to identify fake, false and misleading information about the government and its establishments on social media?
Delhi High Court
Patna High Court
Bombay High Court
Madras High Court
Bombay High Court
Bombay High Court struck down the IT Amendment Rules 2023 on Fact Check Units as unconstitutional
In September 2024, a 2:1 majority bench of the Bombay High Court struck down Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. The controversial amendment empowered the Union Government to establish a Fact Check Unit (FCU) to flag fake, false, or misleading information regarding government business. The court held that the rule violated fundamental rights under Article 19(1)(a) (freedom of speech) and Article 19(1)(g) (freedom of trade/profession) of the Indian Constitution, as well as the principle of natural justice.
Article 19(1)(a) guarantees freedom of speech and expression, subject only to reasonable restrictions under Article 19(2). The Information Technology Act, 2000 is the primary law in India dealing with cybercrime and e-commerce, administered by the Ministry of Electronics and Information Technology (MeitY).
High Court: Bombay High Court (delivered by a 2:1 majority bench)
Date of Judgment: September 20, 2024
Key Provision: Rule 3(1)(b)(v) of Information Technology Rules 2023
Constitutional Articles Violated: Article 19(1)(a) and Article 19(1)(g)
C is correct тАФ The Bombay High Court struck down the IT Rules 2023 amendment regarding the Centre's Fact Check Unit in September 2024.
Remember: High Court judgments on Central IT Rules often tie back to Article 19(1)(a) (Freedom of Speech) and the Shreya Singhal v. Union of India (2015) landmark judgment which struck down Section 66A of the IT Act.
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