The Supreme Court on Thursday stayed the March 20 notification of Fact Check Unit by the Centre government under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023).
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra put on hold the notification till the Bombay High Court finally decides the challenges to the IT Rules Amendment 2023.
The bench stayed the notification till third judge of Bombay High Court gives its verdict after completing hearing on legality of Rules setting up FCU.
Earlier, the Bombay High Court had delivered a split decision. The third judge is hearing the case after split verdict from a division bench of High Court on validity of FCU.
The Union Ministry of Electronics and Information Technology (Meity) on Wednesday notified the FCU under the Press Information Bureau as a statutory body with powers to flag what it believes is false information related to the Central government and its agencies on social media sites.
The amended IT Rules, which came into effect in April 2023, empowers the FCU to monitor content on social media and flag alleged pieces of misinformation concerning the business of the Centre.
Editors Guild of India, standup comedian Kunal Kamra and others challenged the changes in the Information Technology (IT) Rules that empowers the government to identify “fake news” about itself on social media platforms.
The apex court was hearing petitions seeking an interim stay on the Central government notification for forming FCUs.
The IT Amendment Rules 2023 amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021).
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