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Bombay HC Strikes Down IT Rules 2023

Bombay HC Strikes Down IT Rules 2023

Mediumโฑ๏ธ 7 min readโœ“ 95% Verified
polity and governance

๐Ÿ“– Introduction

<h4>Introduction to the Ruling</h4><p>The <strong>Bombay High Court (HC)</strong> recently delivered a significant judgment, striking down the <strong>Amended Information Technology Rules, 2023</strong>. This decision has major implications for online content regulation and freedom of speech in India.</p><div class='key-point-box'><p>The core of the ruling challenged the central government's power to establish a <strong>Fact Check Unit (FCU)</strong>. This unit was designed to identify and flag certain types of information online.</p></div><h4>The Mandate of the Fact Check Unit (FCU)</h4><p>The <strong>FCU</strong> was envisioned with a specific role: to identify <strong>fake, false, and misleading information</strong>. Its primary target was content related to the <strong>government's business</strong> on various <strong>social media platforms</strong>.</p><div class='info-box'><p>The unit's objective was to combat misinformation, particularly that which could potentially harm public trust or government operations. However, its powers raised concerns regarding censorship and free expression.</p></div><h4>Reasons for Striking Down the Rules</h4><p>While the detailed reasoning of the <strong>Bombay HC</strong> is extensive, the fundamental concern revolved around the potential for <strong>arbitrary censorship</strong>. Critics argued that empowering the government to be the sole arbiter of truth could stifle legitimate dissent and critical commentary.</p><div class='exam-tip-box'><p>UPSC aspirants should note this case highlights the delicate balance between <strong>combating misinformation</strong> and upholding <strong>freedom of speech and expression (Article 19(1)(a))</strong>. It's a prime example of <strong>judicial review</strong> in action.</p></div>
Concept Diagram

๐Ÿ’ก Key Takeaways

  • โ€ขBombay HC struck down IT Rules 2023 empowering government's Fact Check Unit (FCU).
  • โ€ขFCU aimed to identify 'fake, false, misleading' information about the government on social media.
  • โ€ขRuling emphasizes protection of freedom of speech and expression (Article 19(1)(a)).
  • โ€ขHighlights judiciary's role in preventing arbitrary government censorship online.
  • โ€ขPrompts re-evaluation of methods to combat misinformation without infringing on fundamental rights.

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๐Ÿ“š Reference Sources

โ€ขGeneral knowledge of Indian Constitution and IT Act, 2000
โ€ขPublic domain news reports on the Bombay High Court ruling