Source: Indian Express

Introduction

Recently, the Supreme Court of India took a significant step in safeguarding freedom of expression by staying the amended Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (I T Rules). It stayed the rules particularly concerning the creation of a “Fact Check Unit” (FCU) aimed at identifying “fake news” on social media platforms. Three cases including Editors Guild of India v. Union of India & Ors. (2023), Kunal Kamra v. Union of India (2023), and Association of Indian Magazines v. Union of India (2023).

What are Amended IT Rules and Fact Check Unit Establishment?

• The amended IT Rules, introduced in April 2023, expanded the government's authority to fact-check online content, particularly concerning government business.
  • This move raised concerns about governmental overreach and the potential for it to become the sole arbiter of truth in matters concerning its own activities.
• Notably, the FCU, established under the Union Electronics and IT Ministry, was tasked with flagging purportedly false information related to the central government and its agencies on social media platforms.

What are Challenges Before the Judiciary?

• Various stakeholders, including individuals such as comedian Kunal Kamra and media entities like the Editors Guild of India, contested the constitutionality of these rules before the Bombay High Court.
• The petitioners argued that the rules infringed upon fundamental rights guaranteed by the Constitution, including freedom of speech and expression.

What is Bombay High Court's Split Verdict?

• The Bombay High Court grappled with conflicting perspectives on the legality of the amended IT Rules.
• In a split verdict delivered on January 2024, one judge upheld the rules.
• The court looked at the rules for social media and saw both sides of the argument.
• It understood worries about censorship but did not stop the government from making a committee.
• The court said there was not enough evidence to show big harm if the committee starts working on the fact check unit.

What is the Supreme Court’s View of Fact Check Unit?

• A bench of Chief Justices DY Chandrachud, Justices JB Pardiwala, and Manoj Misra heard the cases.
• Recognizing the gravity of the issue and the need to maintain the status quo pending a final resolution, the Supreme Court intervened by staying the implementation of the amended IT Rules.
• The Supreme Court's decision to stay the amended IT Rules underscores the judiciary's role in upholding fundamental rights and preventing potential governmental overreach.
• The court observed that, “The impact of Rule 3(1)(b)(v), as amended by in 2023, on the fundamental right to freedom of speech and expression would fall for analysis by the High Court”.

Conclusion

In a digital landscape fraught with misinformation and censorship concerns, the Supreme Court's decision to stay the amended IT Rules marks a crucial victory for freedom of expression. By halting the establishment of a government-led fact-checking unit, the court upholds the principles of democratic governance and individual rights.