New Delhi: The Supreme Court said on Tuesday it will lay down the law on the Central government’s attempt to establish a Fact Checking Unit (FCU) to flag alleged fake or misleading information about the government on online platforms.
The Centre had appealed against a September 2024 judgment by Bombay High Court that struck down provisions enabling it to set up fact-check units.
A bench of Chief Justice of India (CJI) Surya Kant and Justices R Mahadevan and Joymalya Bagchi admitted the government’s appeal against the high court ruling 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.
Declining the government’s request to stay the high court’s ruling for now, the top court said it would 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 after Solicitor General Tushar Mehta, appearing for the government, sought a stay on the high court verdict, Hindustan Times reported.
The CJI-headed bench stated that the matter raised questions of significant constitutional importance.
“The question is of paramount importance, and it is better the Supreme Court lays down the law,” the court said, adding that the concerns flagged by the Bombay High Court were also “very important”.
The Supreme Court emphasised on 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 court issued notices to comedian Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines, who had challenged the Centre’s rules before the high court.
Raising concerns about the role of digital platforms in amplifying harmful content, the top court said: “Some of these digital platforms, the way they are behaving… some of them are dangerous.”
The CJI went on to say that misinformation circulating online was no longer limited to harming individuals. “They were damaging personal lives, and now they are damaging the nation.”
According to the bench, 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.”
