Bombay High Court Strikes Down Controversial IT Rules

The Bombay High Court quashed amended IT rules aimed at flagging fake content concerning the government on social media. The court deemed them unconstitutional, citing violations of equality and free speech. The ruling highlights the need to protect fundamental rights and called the rules vague and broad.

The Bombay High Court on Friday quashed the amended Information Technology rules aimed at identifying 'fake and false' content against the government on social media platforms, declaring them unconstitutional.

The court observed that the amended rules infringed on the right to equality and freedom of speech, potentially causing a 'chilling effect' on individuals and social media intermediaries.

The ruling, delivered by Justice A S Chandurkar, who served as the 'tie-breaker judge', came after a division bench delivered a split verdict in January 2024. The amended rules mandated the creation of a Fact Checking Unit with the power to flag misleading or false content concerning the government online.