Bombay High Court allows Kunal Kamra's plea, strikes down 2023 amendment to IT Rules on 'Fact Check Units'

The Bombay High Court Division bench after receiving the 'opinion' of 'tiebreaker' Judge, declared the amendment to the IT Rules, 2021, "unconstitutional" and struck down the said amendment, which allowed the Central government to establish Fact Check Units, FCUS to identify 'fake and false' information about its business, being circulated on digital platforms.

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The bench comprising of Justice Ajay Gadkari and Justice Dr Neela Gokhale was hearing the present matter.

The bench in the case observed and has allowed the petitions filed by comedian Kunal Kamra, Editors Guild of India, Association of Indian Magazines and News Broadcasters of Digital Association.

The bench stated that, in view of the majority opinion, the rule 3(1)(v) is declared unconstitutional and is struck down. The court allowed the Petitions.

The division bench comprising of Justice Gautam Patel and Justice Dr Neela Gokhale had delivered a split verdict in the matter in January, this year.

The bench of Justice Patel struck down the amendments, Justice Gokhale had upheld the same.