# Bombay High Court strikes down India's government 'fact check unit' rule

Published 2026-09-22. Last reviewed 2026-09-22. 2 sources.

Status: reversed, as of 2026-09-22.

India's 2023 amendment to its Information Technology Rules empowered a government-run Fact Check Unit to label online content about the central government 'fake' or 'false' and require its removal; comedian Kunal Kamra and media groups challenged it, and the Bombay High Court struck the rule down as unconstitutionally vague.[1][2][3]

- Country: [India](https://thewaronnews.com/countries/in) (RSF 2026 rank: 157th of 180)
- Where: India
- Level of government: National
- Tactics: Official labels, Prior restraint
- Stage: Pressure (ladder: https://thewaronnews.com/ladders/disinformation_labeling#stage-pressure)
- Head of government at the time: [Narendra Modi](https://thewaronnews.com/leaders/narendra-modi)
- Issue of the day: The government said the Fact Check Unit was needed to combat misinformation about its own policies and announcements online, at a time when it separately faced criticism over content restrictions ahead of India's 2024 general election.
- Outcome: Reversed, September 20, 2024. The Bombay High Court struck down the rule, finding its key terms 'vague and overbroad,' after the Supreme Court had already stayed its operation.
- Era: The 2020s

## What happened

In 2023, India's government amended its Information Technology Rules to create a Fact Check Unit empowered to identify online content about the central government's own affairs as "fake, false or misleading" and require platforms to remove it or lose their legal protection from liability for user content. Comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines challenged the rule, arguing there was no constitutional "right to the truth" that could justify a government body policing facts about itself. India's Supreme Court stayed the unit's operation while the case proceeded. After a split verdict, a tie-breaking judge on the Bombay High Court struck down the rule in September 2024, finding its key terms "vague and overbroad" and the government's own definition of misinformation legally unsound.[1][2][3]

## What reason was given

The government said the Fact Check Unit was needed to address "misinformation concerning the Central Government's affairs" and to identify content that was "fake" or "false."[1]

## What changed for reporting

Had it taken effect, the rule would have let a government body decide which online statements about its own policies counted as false and require platforms to remove them, a power that never came into force because of the legal challenge.[2]

## Timeline

- 2024-03: Bombay High Court strikes down India's government 'fact check unit' rule

## Who acted

| Name | Role in this incident | Office at the time |
| --- | --- | --- |
| [Ministry of Electronics and Information Technology (India)](https://thewaronnews.com/actors/ministry-of-electronics-and-information-technology-india) | enforced | Ministry that issued the IT Rules amendment creating the Fact Check Unit |
| [Narendra Modi](https://thewaronnews.com/actors/narendra-modi) | other | Prime Minister of India |

## Sources

1. Sanity Prevails as Bombay High Court Strikes Down India Government's Fact Check Unit. https://www.techpolicy.press/sanity-prevails-as-bombay-high-court-strikes-down-india-governments-fact-check-unit/ (Tech Policy Press, 2024-09-26).
2. IT (Amendment) Rules, 2023 struck down by the Bombay High Court. https://internetfreedom.in/it-amendment-rules-2023-struck-down/ (Internet Freedom Foundation, 2024-09-20).

## Claims cited

[1] The government's stated purpose was addressing misinformation about the central government's affairs. Quote: "misinformation concerning the Central Government's affairs" Source: Internet Freedom Foundation, 2024-09-20. IT (Amendment) Rules, 2023 struck down by the Bombay High Court. https://internetfreedom.in/it-amendment-rules-2023-struck-down/ Claim: https://thewaronnews.com/claims/421, checked 2026-09-22.

[2] Kamra's counsel argued there was no constitutional right to true information that could justify the rule. Quote: "no fundamental right to true and correct information under Article 19(1)(a)" Source: Internet Freedom Foundation, 2024-09-20. IT (Amendment) Rules, 2023 struck down by the Bombay High Court. https://internetfreedom.in/it-amendment-rules-2023-struck-down/ Claim: https://thewaronnews.com/claims/422, checked 2026-09-22.

[3] The tie-breaking judge found the rule's central terms for identifying false content were vague and overbroad. Quote: "vague and overbroad" Source: Tech Policy Press, 2024-09-26. Sanity Prevails as Bombay High Court Strikes Down India Government's Fact Check Unit. https://www.techpolicy.press/sanity-prevails-as-bombay-high-court-strikes-down-india-governments-fact-check-unit/ Claim: https://thewaronnews.com/claims/423, checked 2026-09-22.

Source page: https://thewaronnews.com/incidents/2024-india-court-strikes-down-fact-check-unit. The War On News, CC BY 4.0.