Supreme Court Stays IT Ministry’s Notification On Fact Checking Unit

The Supreme Court on Thursday (March 21) stayed the Centre’s notification, dated March 20, to set up a fact checking unit (FCU) to monitor all online content pertaining to the government.

The purpose of this unit was to serve as a deterrent against the generation and spread of fake news or misinformation related to the activities of the Central government.

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud passed the order in response to petitions filed by the Editors Guild of India (EGI) and standup comedian Kunal Kamra.

The Centre notified the FCU on Wednesday under the recently amended IT Rules to monitor all online content pertaining to the government. The notification was issued under provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The Centre amended the IT Rules in August 2023 to include a provision to set up a FCU under the Ministry of Electronics and Information Technology (MeitY) to identify “fake or false or misleading” online content related to the business of the union government.

The Supreme Court stated that the implementation of the notification would remain suspended until a third judge of the Bombay High Court takes a final decision on the validity of provisions outlined in Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Earlier, a two-judge bench of Bombay HC delivered a split verdict on the matter. Following this, the case was referred to the third judge.

The Centre’s move to set up the FCU has faced a lot of opposition, with critics arguing it would raise concerns around impartiality, especially during elections, and will potentially conflict with IT Act.

The rules also include labelling content as “fake” or “misleading” and taking it down entirely.

Another contentious provision is the mandate for online platforms to ensure that its users do not “host, display, upload, modify, publish, transmit, store, update or share” any misinformation pertaining to the government.

Right after the rules were amended, Kamra, the EGI and the Association of Indian Magazines challenged them on the grounds of violation of the right to freedom of speech.