supreme-court-stays-centre-s-notification-on-setting-up-pib-s-fact-check-unit

The Supreme Court, on March 21, stayed the Centre's notification on setting up a fact-checking unit under the Press Information Bureau (PIB) to identify fake news about the Union government.

 

The Fact Check Unit was notified on March 20 under Information Technology Rules, 2021, by the Ministry of Electronics and IT.

 

A bench headed by Chief Justice DY Chandrachud has overturned the Bombay High Court's March 11 decision, which refused to grant an interim stay on the establishment of the Fact Check Unit (FCU) under the amended IT Rules. The FCU is aimed at identifying fake and false content concerning the Union government on social media.

 

The bench emphasised the importance of the questions concerning Article 19(1)(a) of the constitution before the High Court. 

 

They stated, "We are of the view that the notification dated March 20, 2024, subsequent to the rejection of the application for interim relief, needs to be stayed. The challenge to the validity of 3(1)(b)(5) involves serious constitutional questions, and the impact of the rule on free speech and expression needs to be thoroughly analysed by the high court."

 

Rule 3(1)(b)(v) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 establishes the FCU as the central government's agency to combat or report all instances of fake news or misinformation.

 

The notification came shortly after the Bombay High Court declined to prevent the Centre from establishing the unit. Comedian Kunal Kamra and the Editors Guild of India filed the petition.

 

Last April, the Ministry of Electronics and Information Technology (Meity) introduced the 2023 Rules, further amending the Information Technology Rules 2021.

 

According to the new rules, if the FCU identifies or receives reports about any posts deemed "fake," "false," or containing "misleading" information related to government affairs, it would notify social media intermediaries. These intermediaries would then be required to remove such content if they wish to maintain their "safe harbor" status, which grants them legal immunity against third-party content.