Supreme Court issues stay on Govt’s Fact-Checking Unit

On Thursday, the Supreme Court issued a stay on the Union’s notification regarding the establishment of the Fact-Check Unit (FCU) in accordance with the IT Amendment Rules 2023. This stay will remain in effect until the Bombay High Court reaches a final decision on the challenges to the IT Rules amendment of 2023. The Ministry of Electronics and Information Technology had recently designated the Press Information Bureau as the FCU.

The Supreme Court’s decision to issue the stay was made without expressing a definitive opinion on the merits of the ongoing challenge to the Rules before the Bombay High Court. However, the Court found prima facie grounds to stay the March 20 notification, which would have made the contested Rules operational. Additionally, the Supreme Court overturned the Bombay High Court’s March 11 order, which had denied a stay on the implementation of the Rules and subsequently allowed the Centre to notify the FCU. The Court noted that the challenge to the rules presents “serious constitutional questions” and emphasized the need for analysis by the High Court regarding the impact of the amended Rule 3(1)(b)(v) on the fundamental right to freedom of speech and expression.

The bench, consisting of Chief Justice DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, heard Special Leave Petitions filed by Kunal Kamra, Editors Guild of India, and the Association of Indian Magazines, challenging the Bombay High Court’s refusal to stay the implementation of the IT Rules 2023. During the proceedings, Senior Advocate Darius Khambata, representing comedian Kunal Kamra, presented several arguments: firstly, that having an FCU exclusively for the Union Government is arbitrary; secondly, that the FCU could lead to the dissemination of only the Government’s perspective; and thirdly, that with elections approaching, the FCU could be exploited as a means for the Union to control the flow of information to voters.

“Why is the FCU only for the Central Govt? Why isn’t there an independent body for everyone, rather than just for the Central Govt.? If the objective is to combat fake news, then everyone is impacted by it.”