IT rules on fact-check units are struck down

The FCUs were empowered to identify false or fake news against the government on social media and online platforms

- Ikari Malmiani

In a setback to the Centre, the Bombay High Court struck down the 2023 amendment to the Information Technology Act on Friday, which empowered the Central government to establish a fact-check unit (FCU) which would be tasked with identifying 'fake, false, or misleading' content about the government on social media. The court deemed this amendment 'unconstitutional' and hence liable to be struck down.

The court noted that the expression 'fake or false or misleading', in absence of it being defined, is 'vague and overbroad'. In totality, the rule results in a 'chilling effect' for an intermediary, the court said. The amended rule not only seeks to impose restrictions beyond those permissible under the Constitution, but also 'suffers from manifest arbitrariness', the court added. Rule 3(1)(b)(v) of the IT Rules, introduced in 2023, authorised the government to unilaterally categorise online content related to its affairs as fake, false, or misleading. Social media platforms were required to remove such flagged content or be prepared to defend their decisions in court. The matter was assigned to Justice A S Chandurkar after a division bench, on January 31, delivered a split verdict on the petitions challenging the amended IT rules. Justice Gautam Patel struck down the amended rule establishing the FCU while Justice Neela Gokhale ruled against the petitioners.

IT rules on fact-check...