A division bench of the Bombay High Court on January 31 delivered a split verdict on petitions challenging the constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Rules) that permit a “Fact Check Unit” (FCU) of the Union Government to identify “fake or false or misleading” online content “related to the business of the Central Government” and demand its removal.
While Justice G.S. Patel observed that the amendment promoted censorship and violated a host of fundamental rights, Justice Neela Gokhale was of the opinion that it did not prohibit any critical opinion of the government and was therefore not a disproportionate measure.
Also Read: The Bombay High Court’s concerns regarding the Centre’s Fact-Check Unit | Explained
