Supreme Court Stays Setting Up of ‘Fact Check Units’ by Government, Cites ‘Freedom of Speech’

The Supreme Court intervened on March 21 to halt the implementation of amendments to the information technology rules, which proposed the establishment of fact-checking units to verify news items related to the government. This decision was made on the grounds that it raised significant constitutional concerns regarding freedom of speech and expression.

The stay order was issued by a bench led by Chief Justice of India DY Chandrachud, just a day after the Ministry of Electronics and Information Technology notified the formation of the fact-checking unit, despite the Bombay High Court’s refusal to grant a stay on it.

The Supreme Court emphasized that the notification issued by the Union government on March 20, 2024, needed to be suspended due to the serious constitutional questions it raised. The matter pertains to fundamental rights, which necessitates thorough examination by the high court.

The implementation of the rules will remain on hold until the Bombay High Court resolves the petitions challenging the establishment of the fact-checking unit, the bench noted.

The legal battle reached the Supreme Court after a third judge of the Bombay High Court declined to stay the formation of the unit, following a split verdict by a two-judge bench.

The amended IT Rules, 2023, stipulate that intermediaries, including social media platforms, must take reasonable measures to prevent users from uploading content deemed fake, false, or misleading by the Central government. An appointed government organization will arbitrate such content, with intermediaries risking the loss of their safe harbor status if they fail to comply with its decisions.

The petition challenging these amendments, led by the Internet Freedom Foundation and assisted by stand-up comedian Kunal Kamra, argued that the amendments were ultra vires of Section 79 of the IT Act, 2000. It contended that the rules violated the freedom of speech and expression guaranteed under Article 19 of the Constitution, as well as other constitutional rights.

The Supreme Court’s intervention underscores the significance of upholding freedom of speech and expression in the digital realm and ensures that any measures taken by the government do not infringe upon fundamental rights.

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