Applications for an interim stay of notice to the FCU, until the court decides on several petitions contesting the legality of the revised rules.......
Digital desk: The Supreme Court stayed the operation of the Centre’s March 20 notification regarding the Press Information Bureau’s Fact Checking Unit (FCU) on Thursday, until the Bombay High Court takes a final decision on petitions challenging the 2023 amendments to the Information Technology Rules.
Chief Justice of India D.Y. Chandrachud chaired a three-judge bench and noted that the Center had assured the HC on April 27, 2023, that the FCU would not be notified until the HC decided on the petitions contesting Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Amendment Rules, 2023).
The panel, also comprising Justices J.B. Pardiwala and Manoj Misra, said that the case was not making any comments on merits as the matter is pending before the HC.
the Supreme Court said, “We are of the considered view that the challenge which is pending before HC implicates core values impinging on the freedom of speech, which is protected by Article 19. Since all the issues await the adjudication of the HC, we are desisting from expressing any opinion on merits which may ultimately have the impact of foreclosing a full and fair consideration by the third judge of the High Court."
The SC also said, “However we are clearly of the view that the notification dated March 20, 2024, which has been issued by the Union Government after the rejection of the application for interim relief, would need to stay.”
The objections to Rule 3(1)(b)(v) raise important constitutional issues, according to the statement. The HC would need to examine how the Rule affects the basic right to freedom of speech and expression.
The Supreme Court ruled, "We, therefore, set aside the opinion of the third judge declining interim relief dated March 11, 2024, and direct that the notification of the Ministry of Electronics and Information Technology dated March 20, 2024, shall remain stayed pending the disposal of the proceeding before the HC."
Applications for an interim stay of notice to the FCU, until the court decides on several petitions contesting the legality of the revised rules, were denied by the HC on March 11.
The petitioners have contested the restrictions, calling them arbitrary, unconstitutional, and a breach of fundamental rights. Among them are stand-up comedian Kunal Kamra, the Editors Guild of India, News Broadcasters, and the Association of Indian Magazines.
In this year January, the division bench of Justices Gautam Patel and Neela Gokhale rendered a divided decision. Justice Gokhale supported the government's position, while Justice Patel agreed with the petitioners' arguments and invalidated the change. A third judge was then asked to consider it.
The Information Technology Rules, 2021 were further revised by the 2023 Rules, which were released in April of last year by the Ministry of Electronics and Information Technology (MEiTY).
Under the new rules, the Federal Communications Commission (FCU) will notify social media intermediaries of any posts it discovers or learns about that are "fake," "false," or contain "misleading" facts regarding government activity.
To maintain their "safe harbor"—a legal shield against content created by other parties—the web intermediaries would therefore need to remove such content.
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