Supreme Court halts Centre's Fact-Check unit notification pending review

Enacted in April 2023, the amended IT rules grant the fact-checking unit expansive powers to surveil social media content and identify potentially misleading information concerning governmental affairs.

The Supreme Court on Thursday (March 21) issued a temporary halt to the Centre's March 20 notification, which introduced its fact-checking unit. This suspension remains in place until the Bombay High Court renders its final verdict on petitions contesting the 2023 amendment to the IT Rules.

On Wednesday, the Union Electronics and IT Ministry's decision established the Fact-Checking Unit (FCU) under the Press Information Bureau as a statutory body vested with the authority to identify and flag purportedly false information pertaining to the Central government and its agencies across social media platforms.

Enacted in April 2023, the amended IT rules grant the fact-checking unit expansive powers to surveil social media content and identify potentially misleading information concerning governmental affairs.

The Bombay High Court's earlier ruling, characterized by a split decision, had left the fate of the FCU in limbo, with one judge ordering a stay while another upheld its implementation.

Pending a final decision from Justice AS Chandurkar, assigned to break the deadlock, the legal uncertainty persisted. Notably, despite Justice Chandurkar's refusal to stay the FCU's establishment on March 11, the division bench, in a formal pronouncement on March 13, resolved with a 2:1 majority not to suspend the FCU's notification.