Central government will not be able to create fact check unit: Bombay High Court stayed it, said- amendment in IT Act violates fundamental rights of people

Bombay High Court said – This violates Article 14 and Article 19 of the Constitution.

The central government will not be able to create a fact check unit. The Bombay High Court on Friday declared the amendment made in the IT Act unconstitutional and ordered its cancellation. The High Court said that the amendment in the IT Act is a violation of the fundamental rights of the people.

Actually, the central government had amended the IT rules in 2023. Through this, the government could create a Fact Check Unit (FCU) to identify false or fake news on social media and online platforms.

On March 20 this year, a notification was issued stating that the Fact Check Unit will do the work of fact checking on behalf of the government. Before that, the central government had said that it will not issue a notification of the Fact Check Unit until the hearing of the case is completed.

Bombay High Court tiebreaker judge delivers verdict In January 2024, two judges of the bench, Justice Gautam Patel and Justice Neela Nyay, gave different verdicts. After this, the case was sent to the tiebreaker judge Justice AS Chandurkar. When two judges have different opinions on the decision, then it is sent to the tiebreaker judge.

What did Justice Patel and Justice Gokhale say Justice Gautam Patel: The amended IT rules are tantamount to censorship. Justice Gokhale: According to the arguments being given, there will be no adverse impact on free speech.

Comedian Kunal Kamra and Editors Guild filed a petition Comedian Kunal Kamra, Editors Guild of India, News Broadcasters and Digital Association and Association of Indian Magazines were the first to file a petition in the Bombay High Court against the amendment in the IT rules.

Three rules were challenged in this. These rules give the central government the right to create FCU to identify fake online news.

The Editors Guild of India had also said that the power to decide on fake news being completely in the hands of the government is against the freedom of the press.

The petitioners argued that the amendments were ultra vires the scope of Section 79 of the Information Technology Act and also violated Article 14 (right to equality) and Article 19(1)(a)(g) (freedom to practice any profession, or to carry on any occupation, trade or business) of the Constitution of India.

On March 21, the Supreme Court stayed the formation of a fact check unit The central government had issued a notification to form a fact check unit on 20 March 2024. On 21 March, the Supreme Court had stayed this notification. This stay was imposed until the Bombay High Court hears the petitions filed in this matter. The court had said that this is a matter of freedom of expression.

Ashwini Vaishnav had said – Fact-check unit is necessary for the center Union IT Minister Ashwini Vaishnav had said that it is necessary for the central government to set up its own fact-check unit. The government is best suited to answer questions related to its policies and other schemes.

Ashwini Vaishnav said these things in an event of a news channel. He said- Recently an opposition party posted that the passengers of Indian Railways have reduced by 80%. To avoid such misinformation, you have to ask the correct figures from the Railways. Facts are facts.

The Union Minister further said- Our proposal regarding the fact-check unit was limited to facts and figures related to the work of the Center. Unfortunately, the Supreme Court put a stay on it. However, we respect the court's order. Read full news…