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Bombay HC Strikes Down Central Govt’s Attempt To Strike Down Fact-Checking Unit

Bombay High Court

The case had gone to a third judge after a division bench of the Bombay High Court in January delivered a split verdict in this matter, reported NDTV.

The Modi-led central government’s bid to set up a fact-checking unit has been struck down by the Bombay High Court after standup comedian Kunal Kamra filed a petition against the Centre’s move.

Justice AS Chandurkar said the Information Technology Amendment Rules, 2023, which empowers the Centre to set up fact-check units (FCUs) for identifying fake news online, went against Articles 14 and 19 of the Constitution.

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Article 14: Article 14 of the Constitution of India states that all people within the country are entitled to equal protection under the law and are to be treated equally before the law. This means that no one can be denied equal protection or equality before the law based on their caste, sex, race, religion, or place of birth.

Article 19: Article 19 of the Constitution provides freedom of speech which is the right to express one’s opinion freely without any fear through oral/written/electronic/broadcasting/press. Freedom of expression includes Freedom of Press.

Justice Chandurkar while striking down the the proposed IT amendments said,: “I am of the opinion that the amendments are violative of Article 14 and Article 19  of the Constitution of India.”

The case had gone to a third judge after a division bench of the Bombay High Court in January delivered a split verdict in this matter, reported NDTV.

 

 

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