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"We are dealing with a medium which cannot be controlled..one false fact reaches across borders..government was concerned about false facts about it being circulated, not anybody else..", the Solicitor told court today
A CJI DY Chandrachud led bench of the Supreme Court has stayed the notification issued yesterday by the Ministry of Electronics and Information Technology for setting up Fact Check Units under the Press Information Bureau.
The bench also comprising Justices JB Pardiwala and Manoj Misra added that more than a prima facie case for stay was made out before it.
Solicitor General Tushar Mehta urged the court to allow his to bring documents on record as he was not aware of the petition, but his request was denied. Court was further told that the Bombay High Court was to hear the matter from April 15.
Senior Advocate Darius Khambata appeared for Kunal Kamra, who had approached the Supreme Court of India recently seeking to injunct Union of India from notifying the Fact Check Units proposed to be constituted under Rule 3(i)(II)(C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023.
This relief was sought in an SLP filed against a Bombay High Court order whereby his interim application seeking to direct the Central Government not to notify the Fact Check Unit was rejected by Justice AS Chandurkar.
"The Union of India has failed to explain why the existing Press Information Bureau (PIB), which has been functioning for years, cannot continue to undertake the task of disseminating accurate information about the Central Government’s functioning and has failed to demonstrate how staying the notification of the FCU envisaged under the Impugned Rule till the instant matter is finally decided will “affect the nation’s interest”,....", the SLP stated.
Arguing that the balance of convenience necessarily tilts in his favour as there exist less restrictive measures at the disposal of the Union, the plea submits, "Given the potential impact of the constitution of 56 the FCU on fundamental rights, including under Article 19(1)(a) and Article 19(1)(g), the introduction of such a measure (by rejecting interim relief), must be avoided as a matter of law."
Justice AS Chandurkar, the third judge hearing the case in the high court, while rejecting Kamra's plea stated that the petitioner did not make a case for the court to pass an order to continue the statement made by the Central Government not to notify the Fact Check Unit (FCU).
The high court rejecting the interim application effectively allows the Central Government to notify the Fact Check Unit under the amended IT Rules to identify and order take down of fake, false, and misleading news on social media.
Recently, a division bench of the high court comprising Justice GS Patel and Justice Neela Gokhale delivered a split verdict in the petitions challenging Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.
In the split verdict, Justice Patel struck down the amended rule establishing FCU while Justice Gokhale ruled against the petitioners.
Case Title: Kunal Kamra vs. Union of India
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