Kunal Kamra Moves SC Seeking Stay On Fact Check Units By Centre Under New IT Rules 2023

This move by Kamra comes after the Bombay High Court refused to stay the notification by Centre to form FCUs till the final verdict is out on the constitutionality of IT Amendment Rules 2023.

Political satarist and comedian Kunal Kamra has moved the Supreme Court seeking an interim stay on the contitution of Fact Check Units (FCUs) by Centre under the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Rules 2023). This move by Kamra comes after the Bombay High Court refused to stay the notification by Centre to form FCUs till the final verdict is out on the constitutionality of IT Amendment Rules 2023.

The Bombay High Court judge Justice AS Chandurkar ruled that formation of Fact Check Units (FCU) will not be stayed till he gives his final opinion on the constitutionality of the new IT Rules 2023.

On January 31, the Bombay High Court delivered a split verdict on the pleas by satirist Kunal Kamra and others challenging the new IT Amendment Rules, 2023. The matter was then placed before a tie-breaker third judge Justice AS Chandurkar. He is yet to give judgment on the split verdict given by two-judge bench of the Bombay High Court. Kamra has moved top court to seek stay on forming of FCUs till this tie-breaker verdict is given.

In April 2023, the Ministry of Electronics and Information Technology (MeitY) notified the new IT Rules 2023. According to these new rules, the government can ask social media intermediaries (like Facebook, Twitter, Instagram, etc.) to remove any news related to the ‘business of the Central government’ that was identified as ‘fake, false, or misleading’ by FCU. This FCU will be established by the Centre.  

Kunal Kamra, Association of Indian Magazines, News Broadcasters of Digital Association & Editor's Guild of India had moved the high court challenging the new IT rules.

According to Kamra's petition, the new IT Rules 2023 are in conflict with Section 79 of the Information Technology Act, 2000 (IT Act) and the Supreme Court's judgment in Shreya Singhal v Union of India (2015) case.

 The said section is a provision that protects social media intermediaries from liability for content posted by users. Under Section 79(3), the social media intermediaries must remove content when asked by the Centre. However, Kamra has said that according to the Shreya Singhal judgment the Centre can issue such notifications only through a court order.