The Bombay High Court has formally struck down the amended Information Technology Rules concerning fake and false content on social media as unconstitutional. The verdict, delivered on Thursday, culminates from a series of legal challenges and a split decision earlier this year, which necessitated a tie-breaking judgment by Justice A S Chandurkar.
The contentious rules, part of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, were designed to regulate misinformation online, particularly content deemed misleading or false about government actions. However, critics, including stand-up comedian Kunal Kamra, the Editors Guild of India, News Broadcast and Digital Association, and the Association of Indian Magazines, argued that these regulations infringed on free speech and were overly vague.
Justice Chandurkar, serving as the third judge after a split verdict by Justices Gautam Patel and Neela Gokhale, agreed with Justice Patel’s earlier stance that the rules posed a censorship risk. “In view of the majority opinion, Rule 3 (1) (V) is declared unconstitutional and is struck down,” stated the court, granting relief to the petitioners who feared a chilling effect on expression.
The now-nullified rules had established a Fact Checking Unit (FCU), responsible for identifying and flagging online content that could be considered misleading regarding government activities. Under the regulations, flagged content required social media platforms to remove the material or attach disclaimers, exposing them to potential legal challenges.
