The Supreme Court on March 21 paused the Centre’s notification on the fact-checking unit (FCU), setting aside the Bombay High Court's go-ahead to the government's move. On March 20, the Centre had notified it as a statutory body, under the Press Information Bureau (PIB), to "address the challenge of fake news" on social media.
It was notified under the recently amended Information and Technology Rules of 2021. A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said the matter concerns freedom of expression, adding that the notification must be put on hold.
What is the controversy?
Stand-up comedian Kunal Kamra and the Editors Guild of India moved the top court seeking stay on the FCU under IT Amendment Rules. According to Kamra, any information identified as "fake, false or misleading" by the FCU would be taken down by the intermediary to avoid the risk of potential legal liability. The petitioners argued that the FCU will force social media companies to implement self-interested censorship of online content about the central government and its offices. “Intermediaries, as profit making, commercial enterprises, would naturally choose to avoid civil or criminal liability for third-party content, and would invariably remove it,” the plea read.
Kamra’s plea described the PIB as an already “robust mechanism” to counter misinformation regarding the Union government, thereby questioning the necessity of the FCU.
What does the Centre say?
The Centre stated the rules were issued in public interest to crack down on fake news. It had also said the fact-check will be based on evidence and such decisions can be challenged in courts. The Centre also said political opinions, satire and comedy are not linked to government business.
Here are the five key points about the fact-checking unit.
- The PIB had at first announced the setting up of the FCU in a post on X on November 29, 2019. The unit has also taken measures to ensure its accessibility to persons with disabilities.
- The unit is headed by a senior director general/additional director general level officer of the Indian Information Service (IIS) and its day-to-day operations are handled by IIS officers at various levels.
- In 2023, the Centre amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The amendment included a provision for a Fact Check Unit to flag fake, false or misleading online content related to the government.
- The unit was taksed flag to social media intermediaries any post that is fake, false, and contains misleading facts about the business of the government.
- Once a post is flagged, the intermediary would have to take it down or put a disclaimer. In taking the second option, the intermediary could risk legal action.
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