SUMMARY
The notification was issued under provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
The Centre, in August 2023, amended the IT Rules to include a provision to set up an FCU to identify “fake” online content related to the business of the union government
The notification comes ahead of a hearing in the SC on March 21 on a petition challenging Bombay HC’s previous order that refused to restrain the Centre from notifying the unit
The Centre on Wednesday (March 20) notified the fact checking unit under the recently amended IT Rules to monitor all online content pertaining to the government.
The notification was issued under provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
“… the Central Government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government,” the notification stated.
The notification came ahead of a hearing in the Supreme Court (SC) on Thursday on a petition challenging the Bombay HC’s March 13 order that refused to restrain the Centre from notifying the unit.
The Centre amended the IT Rules in August 2023 to include a provision to set up a FCU under the Ministry of Electronics and Information Technology (MeitY) to identify “fake or false or misleading” online content related to the business of the union government.
It is pertinent to note that the move to set up such a unit has been in the works since at least 2019 when the Press Information Bureau (PIB) first made the announcement.
It is pertinent to note that the Centre’s plan to set up the FCU has been mired in controversies. Critics argue that the new rules do not clearly specify what a digital intermediary is supposed to do when a piece of content is flagged by the FCU.
As per reports, the rules include labelling content as “fake” or “misleading” and taking it down entirely.
Another contentious provision is the mandate for online platforms to ensure that its users do not “host, display, upload, modify, publish, transmit, store, update or share” any misinformation pertaining to the government.
Right after the rules were amended, comedian Kunal Kamra, the Editors Guild of India (EGI) and the Association of Indian Magazines challenged them on the grounds of violation of the right to freedom of speech.
Eventually, a two-judge bench of Bombay HC delivered a split verdict on the matter. Following this, the case was referred to a third judge who rejected the petitions. Eventually, the matter was referred back to a division bench for operative orders.
On March 13, the HC effectively permitted the Centre to notify the FCU even as the main case remains undecided.
Afterwards, the EGI and Kamra moved the SC and filed a special leave petition (SLP) challenging the Bombay HC’s decision to not grant a stay on the setting up of the FCU.
The petition before the SC argues that the FCU could lead to conflict of interest as a government entity would fact check content pertaining to the Centre.
