In a judgment of far-reaching importance, the Bombay High Court on Friday declared the Centre’s Fact-Check Unit (FCU) for online content unconstitutional, striking down its authority to flag content as “fake” or “misleading.” The court ruled that the government’s establishment of the unit violated freedom of speech and expression, as guaranteed by the Indian Constitution.
The decision comes after a petition was filed challenging the legality of the FCU, which was empowered, as per the Government stance, to monitor and fact-check information published online, particularly concerning the government. The petitioners argued that the unit could suppress dissenting voices and stifle free speech.
The court stated that while tackling misinformation is crucial, the means to address it must be consistent with constitutional values. It noted that the Fact-Check Unit, by flagging content without sufficient oversight, could potentially lead to censorship. The bench also highlighted the lack of guidelines and accountability mechanisms in place for the unit’s operations.
The court’s ruling is seen as a significant victory for freedom of expression, particularly in an age where concerns over online censorship have been increasing. Legal experts believe the decision will prompt the government to reconsider its approach to combating misinformation while safeguarding fundamental rights.
