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

What did Justice Patel and Justice Gokhale say During the hearing of the case, Justice Gautam Patel had rejected the rules. Whereas, Justice Gokhale had upheld the rules.

Justice Patel had said that the rules amounted to censorship, but Justice Gokhale had argued that they would not have an 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.

On March 20, the central government issued a notification to form a fact check unit The central government had issued a notification on March 20. It said that the Fact Check Unit will do the work of fact checking on behalf of the government. In which it can declare any information as fake or wrong on social media platforms like Facebook, X or Instagram.

After which these platforms will be legally bound to remove that content or post. Also, its URL will also have to be blocked from the internet. Earlier, the central government had said that it would not issue a notification of the fact check unit until the hearing of the case is completed.

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…