The central government on Wednesday notified the setting up of a fact-checking unit (FCU) to monitor content on social media concerning its business under the recently amended Information Technology Rules.
“The Central Government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government,” the notification from ministry of electronic and information technology read.
The notification comes days after the Bombay high court rejected an interim plea by comedian Kunal Kamra seeking a stay on the setting up of FCUs until the court rules on the legality of the new rule. The court noted that no grave and irreparable loss would be caused by allowing the setting up of a fact-checking unit under the IT Rules.
"The situation, when pitted against the larger public interest, leads me to opine that grave and irreparable loss is not shown to result if the FCU is notified, warranting the passing of an interim direction of not notifying the FCU till the challenge to the Rules is finally decided," a single bench of Justice A S Chandurkar said.
{{/usCountry}}"The situation, when pitted against the larger public interest, leads me to opine that grave and irreparable loss is not shown to result if the FCU is notified, warranting the passing of an interim direction of not notifying the FCU till the challenge to the Rules is finally decided," a single bench of Justice A S Chandurkar said.
{{/usCountry}}Chandurkar was assigned to hear the case as the third judge after a two-judge bench delivered a split verdict on January 31.
On April 6, 2023, the Union government promulgated certain amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including a provision for an FCU to flag fake, false or misleading online content related to the government.
Under the IT Rules, if the FCU comes across or is informed about any posts that are fake, false, and contain misleading facts about the business of the government, it would flag off the same to social media intermediaries.
Once such a post is flagged off, the intermediary has the option of either taking down the post or putting a disclaimer on the same, reported PTI.
In taking the second option, the intermediary loses its safe harbour/immunity and stands liable for legal action.
The petitioners have filed a plea in the Supreme Court challenging the high court order. The matter is slated to be taken up by the apex court on Thursday.
They have moved a special leave petition in the Supreme Court and have argued that if the fact check unit is brought into operation, intermediaries would start taking down all information that is identified as “fake, false or misleading” by the FCU to avoid legal liability.
(With PTI inputs)