Day After Centre Notifies PIB's Fact-Check Unit Under IT Rules, Supreme Court Halts Its Implementation

The Supreme Court has intervened to halt the Centre's notification of the Fact Check Unit, a move aimed at combating fake news.

The notification, issued just a day prior, was swiftly put on hold by the apex court, which overturned the Bombay High Court's approval of the government's initiative.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, acknowledged the crucial matter of freedom of expression underlying the case.

While refraining from passing judgment on the merits of the issue, the court emphasized the need for a thorough analysis due to the constitutional implications involved.

The controversy unfolded following a plea by stand-up comic Kunal Kamra and the Editors Guild of India, urging the Bombay High Court to restrain the Centre from implementing the Fact Check Unit.

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The Fact Check Unit, envisaged under the 2023 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, grants the Ministry of Electronics and Information Technology authority to designate a body responsible for identifying and labeling online content deemed false or fake, particularly concerning government activities.

Senior Advocate Darius Khambata, representing comedian Kunal Kamra, criticized the chilling effect of the Fact Check Unit (FCU) on free speech.

He questioned the FCU's focus on protecting the Central government, stating it undermines Article 19(1)(a).

Advocate Shadan Farasat echoed similar concerns, highlighting the impact on investigative journalism and dissent.

Meanwhile, Solicitor General Tushar Mehta mentioned the challenge of controlling false news and noted that the intermediaries are not required to take violative content down but are required to display a disclaimer that FCU says that the content is fake.

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