Kunal Kamra Appeals to Supreme Court Seeking Stay on Formation of Fact Check Units Under New IT Rules 2023

Political satirist and comedian Kunal Kamra has approached the Supreme Court, requesting an interim stay on the formation of Fact Check Units (FCUs) by the Centre under the recently introduced Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Rules 2023).

This move by Kamra follows the Bombay High Court’s decision to not stay the notification issued by the Centre regarding the establishment of FCUs until a final verdict is delivered on the constitutionality of the IT Amendment Rules 2023.

The Bombay High Court, in a split verdict delivered on January 31, addressed pleas filed by Kunal Kamra and others challenging the new IT Amendment Rules 2023. Subsequently, the matter was referred to a tie-breaker third judge, Justice AS Chandurkar, who is yet to provide a judgment on the divided opinion of the two-judge bench.

In April 2023, the Ministry of Electronics and Information Technology (MeitY) notified the new IT Rules 2023, allowing the government to request social media intermediaries to remove any news concerning the ‘business of the Central government’ identified as ‘fake, false, or misleading’ by the FCU, which is to be established by the Centre.

Kunal Kamra, along with other petitioners including the Association of Indian Magazines, News Broadcasters of Digital Association, and Editor’s Guild of India, challenged the new IT rules before the Bombay High Court.

In Kamra’s petition, he argues that the IT Rules 2023 are in conflict with Section 79 of the Information Technology Act, 2000 (IT Act), and the Supreme Court’s judgment in the case of Shreya Singhal v Union of India (2015). Section 79 provides immunity to social media intermediaries from liability for user-posted content, and according to Kamra, the Centre can issue notifications for content removal only through a court order, as established in the Shreya Singhal judgment.

Kamra’s plea to the Supreme Court seeks a stay on the formation of FCUs until the tie-breaker verdict is delivered by the Bombay High Court, emphasizing the need for legal clarity and adherence to established judicial precedents.

This legal battle underscores the complex interplay between freedom of expression, digital media regulation, and governmental control, highlighting the evolving landscape of online content moderation and its legal implications.

Case Title: Kunal Kamra v. Union of India & Ors.

Coram: Supreme Court of India

Advocate for the Petitioner: [Name of Kamra’s Advocate]

Advocate for the Respondent: [Name of Respondent’s Advocate]

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