Judicial clarity on free speech

Syllabus: GS-II

Subject: Polity

Topic: Right issues

Issue: Fundamental Rights

Bombay High Court judgement on Fact checking unit:

• Recently Bombay High Court in Kunal Kamra case has declared Fact Checking Unit for digital facts related to central government unconstitutional.
• The court declared that the amendment is not within the boundaries of reasonable restrictions envisaged in Article 19 (2) to 19(6) of constitution.
• It is arbitrary and discriminatory as it exclude print media thus it violates Article 14 of constitution.
• The court found that the fact checking unit violate the doctrine of proportionality and the absolute necessity of the measure to achieve the State’s goal.
• As per the court, the unit may cause a chilling effect and frontal assault on market place of ideas.