Mumbai. The Bombay High Court has given a very big decision. The High Court has declared the amendment made in the Information and Technology Act i.e. IT Act as unconstitutional and has repealed it. Along with this, the court has put a stop to the plan of the Central Government to form a fact check unit. The High Court said that the amendment in the IT Act is a violation of the fundamental rights of the people. It is worth noting that the Central Government had amended the IT Act in 2023. Through this, the government could have created a Fact Check Unit, FCU to identify false or fake news on social media and online platforms.
It was challenged by many individuals and organizations including stand-up comedian Kunal Kamra and the Editors Guild of India. The hearing was held in a bench of two judges but the decision in January 2024 was divided. After this, it was sent to tiebreaker judge Justice AS Chandurkar for tiebreaker. Justice Chandurkar pronounced the verdict on Friday and said- I believe that it violates Article 14 and Article 19 of the Constitution.
Justice Chandurkar said- I have considered the matter in detail. The controversial rules violate Articles 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to practice business) of the Constitution of India. It is worth noting that while the matter was pending in the High Court, the Central Government had issued a notification to form a fact check unit. But on March 21, the Supreme Court had stayed it and said that the stay will remain until the matter is settled in the High Court. Now the High Court has settled the matter. The Central Government can go to the Supreme Court against it.