The Supreme Court has issued an injunction against the government’s notification issued on Thursday regarding the establishment of a ‘Fact Check’ unit under the Press Information Bureau (PIB) to identify fake news about the central government. The Ministry of Electronics and Information Technology had issued a notification on March 20, 2024, for the establishment of the Fact Check unit (FCU) under the Information Technology Rules, 2021.
Bombay High Court’s Order Overturned
The bench chaired by Chief Justice D.Y. Chandrachud overturned the Bombay High Court’s March 11 order, which had refused to impose an interim stay on the establishment of the FCU under the amended IT rules to identify fake and incorrect content about the central government on social media. The Supreme Court bench stated, “Our considered opinion is that the questions before the High Court are related to the fundamental questions under Article 19(1)(a) of the Constitution.”
Need to Halt Notification Issued on March 20, 2024
Justices J.B. Pardiwala and Manoj Mishra were also part of the bench. The bench remarked, “Our view is that after the dismissal of the request for interim relief, it is necessary to impose a stay on the notification issued on March 20, 2024. Serious constitutional issues challenging the validity of Clause 3(1)(b)(5) are included, and it was necessary for the High Court to analyze the impact of the rules on freedom of speech and expression.”
Nodal Agency to Deal with Fake News or Misinformation
According to the government’s notification, a nodal agency will be set up to deal with all fake news or misinformation related to the central government. This notification comes a few days after the Bombay High Court refused to halt the central government’s issuance of the unit’s notification. The petition was filed by ‘stand-up comedian’ Kunal Kamra and the ‘Editors Guild of India’. Last year in April, the Ministry of Electronics and Information Technology had implemented the Rules, 2023, amending the Information Technology Rules, 2021.
