Supreme Court agrees to hear Centre’s appeal against Bombay High Court ruling striking down IT fact-check provisions
The Facts
- The Supreme Court agreed to examine the Centre’s appeal challenging the Bombay High Court decision that struck down parts of the 2023 amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules related to fact-checking of government-related content.
- The Supreme Court declined to stay the Bombay High Court verdict while agreeing to hear the case.
- The matter was heard by a three-judge bench comprising Chief Justice of India Surya Kant and Justices R. Mahadevan and Joymalya Bagchi.
- The Supreme Court issued notices to original petitioners/respondents including Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines.
- The Bombay High Court judgment being appealed was delivered in September 2024 and struck down the rule/provisions that would have enabled the government to notify a Fact Checking Unit (FCU).
- The challenged amendments were intended to allow a government-designated fact-checking mechanism to identify or flag allegedly fake, false, or misleading content related to the business/functioning of the Union government.
Context
What is the Supreme Court being asked to decide in this case?
The Centre has appealed the Bombay High Court’s September 2024 ruling that struck down provisions of the 2023 IT Rules amendments that would have enabled the government to notify a Fact Checking Unit to flag allegedly fake or misleading online content about government business; the Supreme Court has agreed to examine that appeal and said it will lay down the law on the issue. Hindustan Times MoneyControl Tribune
Did the Supreme Court pause the High Court ruling while the appeal is pending?
No. The Supreme Court agreed to hear the Centre’s appeal but refused, at this stage, to stay the Bombay High Court verdict that struck down the amended rule/provisions. MoneyControl mint India TV News
Who has been asked to respond to the Centre’s appeal?
The Supreme Court issued notices to the original petitioners/respondents, including Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines (among others mentioned in some reports). MoneyControl New Indian Express Tribune
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Independent coverage (17)
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