The Supreme Court today put a stay on the notification, ruling aside the Bombay High Court’s approval of the government’s move, a day after the Centre notified the fact-check unit under the Press Information Bureau to “address the challenge of fake news.”.
A bench consisting of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra stated that the issue is one of free expression. The court, however, stated that it would not comment on the merits of the case.
Kunal Kamra, a stand-up comedian, and the Editors Guild of India petitioned the Bombay High Court for a stay on the Centre’s notification of the Fact Check Unit.
Last year, the Centre amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to include a provision for a Fact Check Unit to report fake, inaccurate, or misleading online content relating to the government.
According to the rules, if this unit discovers or is made aware of any posts that are phoney, false, or include misleading information regarding the government’s business, it will notify social media intermediaries.
The Centre responded by stating that the guidelines were set in the public interest to combat fake news. It further stated that the fact-check would be evidence-based and that such conclusions may be challenged in court.
