Bombay High Court 'Tie-Breaker' Judge Finds 2023 Amendment To IT Rules For Establishing Fact Check Units 'Unconstitutional'

A third judge of the Bombay High Court ruled that the 2023 amendments to the Information Technology Rules were unconstitutional, in a case involving comedian Kunal Kamra. Kamra had challenged the rules on the grounds that they imposed unreasonable restrictions on free speech and were vague in their scope. The court found that the amendments violated constitutional rights to free expression, as guaranteed under Article 19(1)(a) of the Indian Constitution. This ruling has significant implications for content regulation in India and reinforces the importance of protecting free speech against overly broad or unclear legal provisions.