In today’s times, such bold and forthright intervention by the judiciary is rare. In this context, the Bombay High Court’s recent decision to dismiss the fact check unit will be seen as a shining example.
The idea that a government agency should fact check news is illogical. Naturally, the government’s initiative to form such an agency was met with anxiety in the society from the very beginning. It was a common understanding that the intention behind this initiative was to remove such facts from the media that may be inconvenient for the government. Fake news and fact check have been controversial issues during the tenure of the current government. In such controversies, the government’s own viewpoint has often been considered one-sided. That is why its initiative to form a fact checker unit was also considered malicious. Now all these apprehensions have been confirmed by the Bombay High Court. It has rejected the relevant amendment in the new Information Technology Act. The court has declared the fact-checking units created to stop the alleged fake news and misinformation against the government as unconstitutional. The court rightly remarked that the fact check unit is a violation of the fundamental rights of citizens.
In today’s era, such a straightforward and courageous intervention from the judiciary happens only occasionally. In the midst of this, the decision of the Bombay High Court will be seen as a shining example. The initiative to form a fact check unit was challenged in the court by comedian Kunal Kamra, Editors Guild of India, News Broadcast and Digital Association of Indian Magazines. Earlier, in the two-judge bench of the High Court, Justice Gautam Patel and Justice Neela K. Gokhale gave separate verdicts. After this, the matter was sent to the third i.e. tie-breaker judge. The third judge Justice Atul S. Chandurkar in his decision declared the government amendment unconstitutional. He said that this amendment is a violation of Article 14 and Article 19 of the Indian Constitution. This decision has brought great relief to media persons as well as common citizens. If the fact check unit had become active, there was a fear that every such news would come under the purview of action, in which a different story is told apart from the government narrative.