The Bombay High Court on Thursday has formally struck down the amended Information Technology Rules designed to identify and regulate false content on social media, declaring them “unconstitutional.”
This decision followed a tie-breaking ruling by Justice A.S. Chandurkar, who previously described the rules as vague and broad, indicating they could impose a chilling effect on both individuals and social media intermediaries.
The court’s ruling came in response to petitions filed by stand-up comedian Kunal Kamra, the Editors Guild of India, the News Broadcast and Digital Association, and the Association of Indian Magazines, challenging the new regulations. A division bench comprising Justices A.S. Gadkari and Neela Gokhale stated, “In view of the majority opinion, Rule 3(1)(v) is declared unconstitutional and is struck down. The petitions are accordingly allowed.”
The matter was initially reviewed by a division bench led by the now-retired Justice Gautam Patel and Justice Gokhale, who delivered a split verdict earlier this year. Justice Patel argued that the rules amounted to censorship, while Justice Gokhale contended they did not substantially infringe on free speech. Justice Chandurkar sided with Justice Patel, emphasizing the necessity of safeguarding citizens’ rights to free expression.
A key issue was the establishment of a Fact Checking Unit (FCU) tasked with flagging online content deemed misleading or false regarding government actions. The court concurred with the petitioners’ assertion that the rules created a chilling effect on fundamental rights. The controversial amendments to the IT Rules were introduced by the Union government on April 6, 2023, as part of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Under the amended regulations, the FCU was mandated to monitor and flag content perceived as fake or misleading in relation to government activities. Social media intermediaries faced potential legal repercussions if they chose to post disclaimers instead of removing flagged content.
