Centre Moves Top Court Against High Court Verdict on IT Rules Fact-Check Unit
New Delhi: The Union government has filed an appeal against a Bombay High Court order that struck down the fact-check amendment in the Information Technology Rules, 2021, which would have enabled the Centre to form a fact-checking unit (FCU) to act against “fake news,” reported the Hindustan Times.
The government urged the Supreme Court to quash the judgement and sought an interim relief through an ex parte stay (without hearing other side) on the judgment dated September 26 and the division bench’s opinions dated January 31, 2024.
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The central government, led by Prime Minister Narendra Modi, argued that the amendment does not violate Articles 14 and 19 of the Constitution and applies only to “intentional misinformation.”
In a special leave petition filed on December 24, it argued that the rules protect the public’s right to access “true and accurate information about the functioning of the Central Government,” the Hindustan Times reports.
The Bombay High Court Judgement
In September 2024, the High Court struck down the provisions, holding that they violated Article 14 (equality before law) and Article 19 (freedom of speech) of the Indian Constitution. The unit would have had the power to flag any information about the Union government and its workings as false.
According to the proposed amendments, if a court or the central government notified an intermediary that “fake news” was being hosted on their platform, the intermediary would have to take down the content within 36 hours.
The centre argued before the Bombay High Court in April 2023 that false and misleading information could adversely damage electoral democracy. It told the court that the rules did not prevent expressing opinions critical of the government.
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Concerns on Freedom of Speech
Several petitioners, including comedian Kunal Kamra, the Editors Guild of India, the News Broadcasters and Digital Association, and the Association of Indian Magazines, challenged the amendment, raising concerns about freedom of speech, journalistic freedom, and other issues.
“In effect, the government has given itself absolute power to determine what is fake or not, in respect of its own work, and order take down [of the content],” said the Editors Guild of India in a statement.
It also argued that the changes would have “deeply adverse implications” for press freedom in India.
Internet Freedom Foundation, the digital rights organisation, observed that the amendment would “cement the chilling effects on the fundamental right to speech and expression, particularly on news publishers, journalists [and] activists.”
It also pointed out that terms such as “fake,” “false,” or “misleading” in the amended rules were vague and undefined.
The special leave petition was filed in the Supreme Court on December 24, 2024, and is yet to be admitted.
