SC pauses Centre's Fact Check Unit notification
The Supreme Court on Thursday stayed the operation of the Fact Check Unit, which was notified on Wednesday under Information Technology Rules of 2021 by the Ministry of Electronics and Information Technology. The apex court has stayed the notification till the Bombay High Court decides the challenges to the IT Rules Amendment 2023. Notably, the FCU was notified as a statutory body with powers to flag what it believes is false information related to the Centre on social media sites.
Why does this story matter?
Comedian Kunal Kamra and the Editors Guild of India had previously approached the Bombay HC, requesting that the Centre be stopped from establishing the FCU. They raised concern about potential censorship and limitations on social media users' freedom of expression. Kamra also argued that the new IT rules infringed on his right to work as a political satirist, fearing he might lose access to social media if his content was flagged by the FCU.
Bombay HC's split decision
Earlier, the Bombay HC had delivered a split decision, with one ordering a stay and the other upholding it. Justice AS Chandurkar, the third judge assigned to give an opinion on the split verdict, is yet to give his final decision. However, after he refused to stay the setting up of the FCU on March 11, the division bench formally pronounced on March 13 that with a 2:1 majority, it would not stay the FCU's notification.
What is the petitioners' argument
After getting no relief from the Bombay High Court, the petitioners approached the Supreme Court. Critics of the amendment argue that the FCU could negatively affect freedom of speech and expression, potentially leading to self-interested censorship of online content related to the Centre's business. They also emphasize that users are not given prior notice before their content is removed and that the rule could result in the suspension or deactivation of user accounts without due process.
Solicitor General defends FCU rules
Solicitor General Tushar Mehta has defended the FCU, stating that it only flags fake news related to government business to intermediaries and is the "least restrictive" measure adopted. He clarified that the rules require intermediaries to make "reasonable efforts" to remove a post flagged as false by the FCU, and if they don't, they lose their safe harbor immunity. Mehta also noted that none of the intermediaries have challenged the rules.
