September 20, 2024: In a landmark decision, the Bombay High Court has invalidated a 2023 amendment to the Information Technology (IT) Rules that enabled the Central government to establish Fact Check Units aimed at identifying and debunking alleged misinformation regarding its activities on social media platforms.

The ruling came from a tie-breaker bench led by Justice Atul Chandurkar, who stated, "I am of the opinion that the amendments are violative of Article 14 and Article 19 of the Constitution of India." This decision follows a split verdict from a division bench earlier in January 2024, where Justices Gautam Patel and Dr. Neela Gokhale expressed differing views on the matter.

The 2023 amendment to the IT Rules, which altered the Intermediary Guidelines and Digital Media Ethics Code, had sparked significant backlash. Critics argued that Rule 3, which empowered the Centre to form Fact Check Units, exceeded governmental authority and compromised fundamental rights, as highlighted in four petitions submitted by stand-up comic Kunal Kamra, the Editors Guild of India, the Association of Indian Magazines, and the News Broadcast and Digital Association.

These petitions, filed in April 2023, contended that the amendment was ultra vires of Section 79 of the Information Technology Act and infringed upon the right to equality (Article 14) and the freedom to engage in various professions and businesses (Article 19(1)(g)).

In January's split ruling, Justice Patel pointed out that the establishment of Fact Check Units would create an unjust distinction between online and print content, thus undermining the fundamental rights of individuals and media entities.