Indian Top Court Stays Government's Fact Check Unit Plan

Facts

• The Supreme Court of India on Thursday paused the introduction of a Fact Check Unit to combat fake news by the Press Information Bureau of Prime Minister Narendra Modi's government, citing free speech concerns.¹
• The stay comes a day after the government notified the unit's rules. The Bombay High Court earlier refused comic Kunal Kamra, Editors Guild of India, and Association of Indian Magazines' plea for a stay.²
• Established under the amended IT Rules, 2021, the Fact Check Unit would flag fake content related to the government. Social media platforms would then be required to remove the content or provide a disclaimer.³
• Thursday's order cited “serious constitutional questions” raised in the appeals against the Bombay High Court's denial of a stay. The rules will be on hold until the High Court disposes of challenges to the new unit.⁴
• The petitioners expressed censorship fears, and emphasized a risk of social media restrictions. Kamra said the new rules will curb his work as a satirist, since he could lose his social media access if his content is flagged.³
• The Supreme Court did not comment on the merits of the case, which will be decided by the Bombay High Court, where the pleas against the new rules are being heard.¹

Sources: ¹The Indian Express, ²The Wire, ³NDTV and ⁴MoneyControl.

Narratives

• Narrative A, as provided by The Indian Express. The Indian government's Fact Checking Unit is mandated to have broad powers, the lack of clarity over which could have major implications for freedom of speech in the country, along with the procedural ambiguity involved. Besides, the questionable timing of its implementation, coming right ahead of a crucial national election, makes it all the more suspicious. The unit's creation without legislative backing also raises serious concerns over unchecked internet regulation in the country.
• Narrative B, as provided by Swarajya Magazine. Established in November 2019, the Press Information Bureau's Fact Check Unit (FCU) aims to combat fake news and misinformation related to the Government of India, especially on social media. It provides a platform for reporting suspicious information and actively countering disinformation campaigns, ensuring that false information about the government is promptly exposed and corrected.

Predictions