India: Issued ruling in lawsuit challenging MeitY's rules pertaining to identification of fake content against the government on social media (Kunal Kamra v Union of India and Others)

On 20 September 2024, the Bombay High Court issued a ruling in a lawsuit concerning the government's Fact Check Unit (FCU), challenged by the Association of Indian Magazines, the Editors Guild of India, and Kunal Kamra. The FCU was established by the Information Technology Amendment Rules 2023, which allows the government to restrict fake, false, and misleading information and enables the government to identify fake news online. The plaintiffs argued that the FCU would censor content critical of the government, undermining free speech. The Government claimed the FCU was necessary to combat fake news and would not dilute safe harbor protections under Section 79 of the Information Technology Act, 2000, if intermediaries made reasonable efforts to flag such content. According to the ruling, the FCU infringed on the right to equality and restricted the freedom of speech and expression as stipulated in Article 14 and Article 19 of the Indian Constitution. The ruling also criticised the notifications regarding the FCU for being arbitrary and vague, particularly the terms 'fake, false or misleading', which are unclear and fail to meet reasonable restrictions. The ruling condemned the procedural aspects, highlighting that the notification violated principles of natural justice by allowing unilateral decisions by the executive.