The Supreme Court on Thursday stayed the Centre's notification to set up a fact-checking unit, setting aside the Bombay High Court order refusing to halt the government's move.
The fact-check unit will be responsible for verifying news items appearing in media about the government but the apex court said the challenge to the unit involves "serious constitutional questions".
"We are of the view that notification dated March 20, 2024, after rejection of application of interim relief, needs to be stayed," the top court observed. "The impact of Rule 3(1)(b)(5), as amended by in 2023, on the fundamental right to freedom of speech and expression would fall for analysis by the High Court,"
The bench comprised Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra. The rules will be on hold till the high court disposes the petition.
The Centre's Wednesday notification said a fact-check unit, which is a statutory body, will be established under the Press Information Bureau (PIB) as per last year's amendments in the Information Technology Rules, 2021.
The petitioners include standup comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines. The petitioners argued that the absence of an independent fact-check unit is arbitrary and the government's control over the nodal agency would make it a tool for the Centre to control what information goes out to the voters ahead of elections.
As per the amendment, the fact-check unit would flag fake news and reports containing misleading facts about the government to social media intermediaries.
The intermediary can then opt to take the post down or give a disclaimer. However, if the intermediary opts to give a disclaimer, it could lose immunity and is liable for legal action.
