Supreme Court To Rule On Legality Of Government's Fact-Check Unit, Admits Centre's Appeal Against Bombay HC Order
The Supreme Court on Tuesday (10 March) agreed to deliver a definitive ruling on the Union government's bid to establish a Fact Checking Unit (FCU) to identify misleading online content related to government business, while underlining that responsibility for tackling harmful information must be shared across individuals, platforms and intermediaries, the Hindustan Times reported.
A bench comprising Chief Justice Surya Kant and Justices R Mahadevan and Joymalya Bagchi took up the Centre's appeal against a Bombay High Court judgment from September 2024, which had struck down the rule permitting the government to notify such a unit under the Information Technology Rules, 2021.
Notices were issued to comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines, which had originally challenged the rules before the high court.
The bench turned down the government's request for a stay on the high court order, with the CJI making clear the court's intention to resolve the matter conclusively. "No, no. We would like to decide this matter finally. It is better to decide such matters without delay," the CJI said when Solicitor General Tushar Mehta pressed for a stay.
The court underscored the broader stakes involved. "The question is of paramount importance, and it is just proper for the Supreme Court to lay down the law." On the need for equilibrium between regulating misinformation and protecting fundamental rights, the bench observed, "The issue here is how to balance the two views, it is about balancing without compromising the constitutional values."
The CJI voiced concern over the growing reach of online misinformation, noting that harmful content had moved beyond targeting individuals. "They were damaging personal lives, and now they are damaging the nation."
On regulatory design, the bench said, "There should be very clear and demarcated guidelines, but shifting the entire onus on the system without corresponding obligations of platforms and individuals is something that needs to be looked into."
Respondents have been directed to file counter-affidavits within four weeks, with the matter listed before a three-judge bench after six weeks.
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