The Supreme Court on Tuesday said that it would lay down the law on the Union government’s attempt to set up a Fact Checking Unit (FCU) to flag fake or misleading information relating to the business of the government, observing that individuals, digital platforms, and intermediaries must share responsibility in tackling harmful online content.
A bench of Chief Justice of India (CJI) Surya Kant and justices R Mahadevan and Joymalya Bagchi admitted the government’s appeal against the Bombay high court’s September 2024 judgment that struck down the rule enabling the government to notify such a unit under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The court issued notices to comedian Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines, which challenged the rules before the high court.
The bench declined the government’s request to stay the high court’s ruling for now, saying it would instead decide the issue finally and without delay. “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 sought a stay on the verdict. The bench observed that the matter raised questions of significant constitutional importance.
“The question is of paramount importance, and it is just proper for the Supreme Court to lay down the law,” the court said, adding that the concerns flagged by the high court were also “very important”.
{{/usCountry}}“The question is of paramount importance, and it is just proper for the Supreme Court to lay down the law,” the court said, adding that the concerns flagged by the high court were also “very important”.
{{/usCountry}}During the hearing, the court stressed the need to strike a balance between combating misinformation and safeguarding constitutional freedoms. “The issue here is how to balance the two views — it is about balancing without compromising the constitutional values,” the bench said.
The bench flagged concerns about the role of digital platforms in amplifying harmful content. “Some of these digital platforms, the way they are behaving… some of them are dangerous,” the bench observed after referring to illustrations placed before it by the Union government.
The CJI remarked that misinformation circulating online was no longer limited to harming individuals. “They were damaging personal lives, and now they are damaging the nation.”
The court indicated that any regulatory framework must clearly define responsibilities for all stakeholders. “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.”
The case relates to Rule 3(1)(b)(v) of the Information Technology Rules, as amended in 2023, which empowered the government to notify a fact-check unit to identify online information about the government that is “fake or false or misleading”.
The Bombay high court struck down the provision in September 2024, holding that it was unconstitutional and could have a chilling effect on free speech, as it effectively made the government “a judge in its own cause”.
The Supreme Court directed the respondents to file their counter-affidavits within four weeks and listed the matter for hearing after six weeks before a three-judge bench.