SC Stays on Fact Check Unit Notification

• 22 Mar 2024

On 21st March, Apex court stayed operation of Fact Checking Unit (FCU) notification until Bombay High Court resolves challenges to IT Rule amendments.

Key Points

• Challenges to Government Directive: High Court petitions raise concerns over potential impact on freedom of speech and press freedom.
• Concerns over FCU's Fairness: FCU's role as arbiter raises worries about government's impartiality in flagging content critical of it.
• Implications for Free Speech: Debate centers on the chilling effect on free speech and the need for independent fact-checking mechanisms.
• Bombay High Court's Verdict: Bombay High Court's split verdict necessitates Supreme Court intervention pending final decision on IT Rule amendments.
• Background on IT Rule Amendments: Amendments to Information Technology Rules in 2023 empower FCU to flag fake or misleading content related to government business.