The amendment to the IT Rules 2021 that provided for establishment of a fact check unit to act as an arbiter of truth on any publication related to business of the Government was a clear violation of the right to freedom of speech and expression. This would have resulted in chilling effect with intermediaries being made to take down any content that was against the version of the Government as determined by the Fact Check Unit. Online content creators and intermediaries were also treated differently by this rule vis-a-vis print media and a news item which could be published by print media would be deemed illegal if published online. The Bombay High Court has rightly held that the amended provision is illegal and violative of Article 14, Article 19(1)(a) and Article 19(1)(g) of the Constitution.
Dated: September 20th, 2024
