In a significant judgment, the Bombay High Court New IT Rules 2024 have been struck down, dealing a major blow to the Central Government’s authority to establish Fact Check Units (FCUs). These units were tasked with identifying and debunking “fake and misleading” information related to government affairs on social media platforms. The High Court ruled that the amendments to the Information Technology (IT) Rules, 2023, violate Articles 14 and 19 of the Indian Constitution, which guarantee the right to equality and the freedom of speech and expression.
The ruling has sparked widespread discussions about the balance between curbing misinformation and protecting fundamental rights, with the court emphasizing that the government’s actions cannot infringe upon the constitutional rights of citizens.
Bombay High Court New IT Rules 2024: Violation of Constitutional Rights
The Bombay High Court New IT Rules 2024 case was heard by a bench led by Justice Atul Chandurkar, who expressed strong concerns over the amendments. Justice Chandurkar concluded that the new IT rules, which empowered the Centre to set up Fact Check Units, were not only vague but also unconstitutional. Specifically, the court found that the amendments violate Article 14, which ensures the right to equality, and Article 19, which guarantees freedom of speech and the right to practice any profession.
“The impugned rules are violative of Article 14 (right to equality) and Article 19 (freedom of speech and expression),” Justice Chandurkar stated. The court took issue with the lack of a clear definition for the terms “fake, false, and misleading” in the rules, arguing that this vagueness could lead to arbitrary actions by the government.
The amendments, which were added to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, gave the Centre sweeping powers to regulate online content. However, the petitioners, including comedian and social media personality Kunal Kamra, challenged these rules, arguing that they went beyond the legal authority granted under Section 79 of the Information Technology Act.
Legal Challenges to the IT Rules
The Bombay High Court New IT Rules 2024 faced several legal challenges. One of the primary arguments was that the amendments allowed the government to control information without sufficient checks and balances, thereby stifling free speech. The petitioners argued that the rules granted the Centre excessive power to flag content as fake or misleading without adequate oversight, leading to a violation of constitutional rights.
Justice Chandurkar agreed with these concerns, pointing out that the rules could suppress freedom of expression by creating a chilling effect on social media platforms. He also noted that by giving the government the authority to judge what constitutes fake news, the rules infringed on Article 19(1)(a), which guarantees the freedom of speech and expression, and Article 19(1)(g), which protects the right to pursue any occupation or trade.
“The expression ‘fake, false, and misleading’ is vague and hence wrong in the absence of any clear definition,” Justice Chandurkar remarked. The judgment drew parallels with a previous ruling by Justice Gautam Patel, who had also criticized the government’s attempt to regulate online speech in a manner that could curtail free expression.
Split Verdict and Tie-Breaker Judgment
The Bombay High Court New IT Rules 2024 case initially resulted in a split verdict in January 2024, when a division bench of Justices Gautam Patel and Neela Gokhale delivered differing opinions. Justice Patel, who has since retired, had expressed reservations about the IT Rules’ impact on free speech, while Justice Gokhale had upheld the government’s stance, prompting the need for a tie-breaker judgment.
Justice Chandurkar, who presided over the tie-breaker decision, ultimately sided with the opinion of Justice Patel, concluding that the Fact Check Units violated the Constitution. The judgment is seen as a victory for digital rights advocates, who have long warned against government overreach in regulating online content.
Broader Implications of the Ruling
The striking down of the Bombay High Court New IT Rules 2024 has significant implications for digital governance in India. The ruling raises critical questions about how to tackle misinformation online without infringing on fundamental rights. While the Centre has maintained that Fact Check Units were necessary to combat the spread of false information, especially in matters related to government business, the court’s decision highlights the need for clear, well-defined regulations that do not encroach upon constitutional freedoms.
The ruling is likely to impact future policy discussions around online censorship, fact-checking, and the regulation of social media platforms in India. With the increasing influence of social media on public discourse, this decision underscores the delicate balance that must be maintained between preventing misinformation and protecting free speech.
Conclusion
The Bombay High Court New IT Rules 2024 ruling has struck down the government’s authority to establish Fact Check Units, declaring the IT Amendment Rules, 2023, unconstitutional. The court’s decision is a significant affirmation of the rights to equality and free speech, marking a victory for those who argued that the rules gave the government too much unchecked power. As the digital landscape continues to evolve, this ruling will likely shape the future of internet regulation and the ongoing debate over free speech in India.
With both legal and political ramifications, the ruling serves as a reminder that any attempts to regulate online content must be carefully crafted to ensure they do not undermine the fundamental rights guaranteed by the Constitution.
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