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Synopsis

The Bombay High Court will hear the application filed by Kunal Kamra and others for interim relief not to notify the Fact Check Unit (FCU) from 28th February 2024 onwards.

The order was passed today by Justice AS Chandurkar, the third judge hearing the petitions challenging the IT Rules Amendment 2023, which establishes a fact-check unit to identify fake and false news on social media.

 The petition was assigned to the third judge for his opinion after the division bench of the high court, comprising Justice GS Patel and Justice Neela Gokhale, delivered a split verdict.

In the split verdict, Justice Patel struck down the amended rule establishing FCU while Justice Gokhale ruled against the petitioners.

Chief Justice Devendra K Upadhyaya of the Bombay High Court passed an order on 7th February assigning Justice AS Chandurkar as the third judge to give his opinion on the challenge to IT Rules.

The division bench of the high court passed the judgement in the petitions filed by stand-up comedian Kunal Kamra, the Editors Guild, the News Broadcast Digital Association and the Association of Indian Magazine challenging the constitutionality of the fact check unit established under the amended IT Rules.

Solicitor General Tushar Mehta, representing the Ministry of Electronics, Information, and Technology, made a statement before the bench that the Fact Check Unit (FCU) will not be notified by the government until the high court decides on the plea for interim relief.

Accordingly, the high court passed the order to list the matter on 28th February for the petitioners to conclude their arguments for interim relief, noting that SG Mehta would make his submissions on 29th February 2023.

The petitioners have challenged Rule 3(i)(b)(v) of the amendments provides that the Central Government can identify fake, false or misleading content through a fact check unit of the Central Government 

Case title: Kunal Kamra & Ors vs UOI