Supreme Court notice to Kunal Kamra, others on Centre's plea over fact-check rules

The Supreme Court agreed to hear the Union government's challenge to the Bombay High Court verdict that had declared the amendment to the Information Technology Rules unconstitutional. However, the top court refused to put the High Court ruling on hold for now.

The Supreme Court on Tuesday issued notice to comedian Kunal Kamra and other petitioners while agreeing to examine the Centre’s appeal against a 2024 Bombay High Court judgment that struck down rules allowing the government to set up a Fact Check Unit (FCU) to flag “fake or misleading” content about its work on social media.

A three-judge bench comprising Chief Justice of India Justice Surya Kant, Justice R Mahadevan, and Justice Joymalya Bagchi issued notices to respondents including stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines. The court has asked them to file their responses within four weeks.

The case relates to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, which allowed the Centre to create a Fact Check Unit to identify content considered “fake, false or misleading” about the government’s business on social media.

If the unit flagged any content, social media platforms could be required to remove it to retain their legal protection — commonly referred to as “safe harbour” — which shields platforms from liability for user-generated content.

During the hearing, the Chief Justice said the court needed to find a balance between tackling misinformation online and protecting free speech. “The question is how to balance the rights,” the CJI observed, adding that misleading or fake information could have serious consequences in the digital age.

“Some misleading or fake information can damage someone’s life. There should be guidelines clearly demarcating the scope,” he said while referring to examples placed on record.