Calling it a matter of ‘paramount importance,’ the Supreme Court on Tuesday issued notice on the Centre’s petition challenging a Bombay High Court verdict that invalidated Rule 3 of the Information Technology (Amendment) Rules, 2023, which enabled the government to establish Fact Check Units (FCUs) to monitor ‘fake news.’
The Bench, led by Chief Justice of India Surya Kant, asked comedian Kunal Kamra, Editors Guild of India, News Broadcasters and Digital Association, Association of Indian Magazines, and others to respond in four weeks.
The CJI said: “The way some of these platforms are acting. See some of the laid-out examples... How dangerous are these? I am not any individual but such news can damage the reputation of the institution as well. Clear demarcated guidelines are needed,” adding even the Army and Police were not spared from fake news. The court noted the issue was largely not with print media.
The Bombay High Court had struck down the amended IT rules in September 2024, terming them “vague and unconstitutional” and violating Articles 14, 19, and 19(1)(g). “Under the right to freedom of speech and expression, there is no further ‘right to the truth’, nor is it the responsibility of the state to ensure that the citizens are entitled only to ‘information’ that is not fake or false or misleading as identified by the FCU,” the HC had said.
