No protection for misinfo: Govt in fact check unit plea

The central government has filed an appeal against the Bombay high court's September 2024 judgment that struck down the fact check amendment of Information Technology Rules, 2021, as unconstitutional.

- Aditi Agrawal

The Centre has argued that the amendment — which allowed it to notify a fact check unit (FCU) — does not violate Articles 14 and 19 of the Constitution, and applies only to "intentional misinformation".

Urging the Supreme Court to quash the judgment, it has sought an interim relief through an ex parte stay (without hearing other side) on the judgment dated September 26 and the division bench's opinions dated January 31, 2024.

In its challenge, the Centre argues that the rule complies with Article 19 and "reinforces" the public's right to access "true and accurate information about the functioning of the Central Government".

It maintains that since Article 19 doesn't protect deliberately spreading misinformation, regulating it "does not result in any chilling effect on free speech".

The special leave petition was filed in the Supreme Court on December 24, 2024, and is yet to be admitted. HT has seen a copy of the SLP.

The issue relates to the April 2023 amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The changes empowered the government to establish a "fact check unit of the Central Government" to identify "fake or false or misleading" information "in respect of any business of the Central Government".

Multiple petitioners, including comedian Kunal Kamra, Editors Guild of India, News Broadcasters and Digital Association, and Association of Indian Magazines, challenged the amendment to rule 3(1)(b)(v), highlighting concerns about freedom of speech and expression, journalistic freedom, the inadequacy of a government-appointed body to "fact check" news related to itself, and other issues.