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Guwahati: The third judge’s opinion against the Centre’s FCU rule led the Bombay High Court to strike it down on Thursday, September 25. The rule that established fact-checking units (FCUs) to identify "Fake, false and misleading" Information about the center’s business published on social networks and digital platforms was announced "unconstitutional" by the court.
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Following a split decision by the initial two-judge bench, a bench of Justices Ajay Gadkari and Neela Gokhale granted the petitions filed by comedian Kunal Kamra, Editors’ Association of India, Association of Indian Magazines and Association of Digital and News Broadcasters. “In light of the majority opinion, Rule 3(1)(v) is declared unconstitutional and is repealed,” the committee ruled on Thursday. As a result, petitions are accepted. “Judge Chandurkar, who was appointed as the third judge following a split verdict in the previous case, noted that the rule was vague, overbroad and disproportionate. He agreed with most of the contentions of Kunal Kamra and others that the rule has a "cooling effect," that he received As a result, the High Court of Justice ruled 2:1 that the FCU’s April 2023 amendment to the Intermediary Guidelines of the Information Technology Law was "unconstitutional"
The rule gave the center permission to establish FCUs and label social media content related to its work as "fake, false or misleading." "On January 31, 2024, Kamra’s challenge was first heard by a Division Bench comprising Justices Gautam Patel and Neela Gokhale, later joined by others. Since Judge Patel has since retired, the matter was brought before the division bench for a formal decision of the verdict, according to procedure, after the delivery of the third judge’s opinion. Justice Chandurkar denied Kamara’s request for a temporary stay on the rule on March 11, 2024. The Supreme Court, however, stayed the rule on March 21 in light of the constitutional issues that arose following the challenge to its validity. Navroz Sarvai, Kamara’s senior counsel, led the arguments, emphasizing the broad scope of the rule and the ambiguity, particularly the terms "fake, false and misleading," which can be a "cooling effect." Lawyers for the editors’ union, Shadan Paraseth and Gotham Bhatia for other petitioners, as well as the senior legal advisor Arvind Datar for the television networks, argued that the amendment violates articles 14 (right to equality), 19(1)(a) (freedom) of speech), and 19(1)(g) (freedom of trade) to the Constitution. These claims were accepted by the third judge.
The center’s legal counsel, Tushar Mehta, argued that the rule was appropriate, citing concerns about the safety of citizens in a digital age where information is instantly shared with millions. Mehta also stated that the goal of the rule is to protect the public from inaccurate information regarding the center’s activities and that it requires a caveat at most. He emphasized that the regulation is necessary because the digital medium has no geographical limitations. Servai, however, argued that the broad definition of "information" may include political commentary and satire, infringing on fundamental rights, and that it may ensnare innocent people without sufficient warning. Justice Gautam Patel has already been influenced by his arguments regarding the FCU "cooling effect," The possibility of "self-censorship," And the center acts as a "caretaker state," who stated that the rule is invalid because it violates the right to freedom of expression. The petitions were dismissed by Justice Neela Gokhale on the grounds that the rule does not infringe any fundamental rights. Kamra and the other petitioners won because Justice Chandurkar’s and Justice Patel’s views were consistent. The center can appeal the decision to the Supreme Court.
(Except translation, this story has not been edited by achinews staff and is published from a syndicated feed.)
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