Bombay High Court pronounces 2:1 verdict striking down IT Rules providing for Fact Check Unit
After giving his deciding opinion, the tie-breaker judge had said all the petitions would be placed before a division bench to pronounce the majority verdict on the FCU set up to identify 'fake news'.
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In a January 31 split verdict, Justice Gautam S Patel (now retired) struck down the amendment while Justice Gokhale supported the Government’s position.The Bombay High Court on Thursday announced a 2:1 verdict striking down the amended Information Technology Rules that allowed the Government to establish a Fact Check Unit to identify “fake news” on social media, in view of the deciding opinion delivered by a third judge.
A bench of Justices Ajey S Gadkari and Neela K Gokhale pronounced the verdict on pleas filed by stand-up comedian Kunal Kamra, the Editors Guild of India, the News Broadcasters and Digital Association and the Association of Indian Magazines against the amended IT rules.
“In view of the majority opinion, the rule 3(1)(v) of IT Rules is declared unconstitutional and is struck down. Petitions are accordingly allowed,” the bench held.
On September 20, Justice A S Chandurkar, the tie-breaker judge, ruled the amended IT rules unconstitutional, stating they were “ultra vires”, or beyond the powers, of the Information Technology Act. He said all the petitions would be placed before a division bench for a formal majority verdict against the impugned rules.
In a January 31 split verdict, Justice Gautam S Patel (now retired) struck down the amendment while Justice Gokhale supported the Government’s position.
Thereafter, under the High Court Rules, Chief Justice Devendra Kumar Upadhyaya assigned Justice Chandurkar to give a deciding opinion as the third judge. Justice Chandurkar endorsed Justice Patel’s view and decided to strike down the amended rules.
The high court’s verdict is likely to be challenged before the Supreme Court.
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