GUWAHATI: The Supreme Court has issued a stay on the Union's notification of the Fact-Check Unit (FCU) under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023). The stay will remain in effect until the Bombay High Court reaches a final decision on the challenges to the IT Rules amendment 2023.
The Ministry of Electronics and Information Technology (MeitY) had recently notified the Press Information Bureau as the FCU, prompting concerns regarding the handling of fake or false information related to the Union Government's business on social media platforms. According to the notification, social media intermediaries are required to remove such flagged content or risk losing their 'safe harbour' immunity against legal proceedings.
Click here to join our WhatsApp channel
The Supreme Court's decision comes after several complaints were received regarding the continued delivery of Viksit Bharat messages on citizens' phones, despite the announcement of the General Elections 2024 and the enforcement of the Model Code of Conduct (MCC). MeitY defended the delayed delivery of these messages, citing systemic and network limitations.
While refraining from expressing any opinions on the merits of the pending challenge to the IT Rules before the Bombay High Court, the Supreme Court acknowledged prima facie grounds for staying the notification. It also set aside the Bombay High Court's previous order refusing to stay the implementation of the Rules, stating that the challenge raises "serious constitutional questions."
The bench, comprising Chief Justice DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, heard Special Leave Petitions filed by stand-up comedian Kunal Kamra, Editors Guild of India, and the Association of Indian Magazines challenging the refusal of the Bombay High Court to stay the implementation of the IT Rules 2023.
During the proceedings, arguments were presented by Senior Advocate Darius Khambata on behalf of Kunal Kamra, stressing the arbitrariness of the FCU being solely under the Union's discretion. He expressed concerns about the FCU potentially becoming a tool for the Union to control information during the upcoming elections.
ALSO READ: ECI Orders Immediate Halt To Viksit Bharat Messaging On WhatsApp
Advocate Shadan Farasat, representing the Editors Guild, emphasised that a government-controlled FCU infringes upon the fundamental right of free speech and expression under Article 19(1)(a). He argued that the FCU's intervention could impact the democratic process by influencing public perception of the government's performance.
The Solicitor General, representing the Union, clarified that the FCU only flags fake news related to government business, as defined in the transaction of business rules. He defended the rules as the 'least restrictive' measures adopted to combat misinformation and maintain public order.