The Supreme Court on Tuesday agreed to hear the Centre's petition challenging the Bombay High Court judgment that struck down the 2023 amendments to the Information Technology Rules aimed at regulating fake and misleading content about the government on social media. However, the top court declined to grant a stay on the high court's 2024 ruling, which had declared the amended Rules "unconstitutional".
A bench of Chief Justice of India Surya Kant and Justices R Mahadevan and Joymalya Bagchi issued notices to the original petitioners, including stand-up comedian Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines.
While refusing to stay the high court's order, the CJI observed that "it would be better if the entire issue is finally decided", indicating the court's intent to settle the matter comprehensively, as per news agency PTI. "The way some of these platforms are acting, such news can damage the reputation of institutions as well...Clear demarcated guidelines are needed, but without putting any onus on those who spread it, the issue needs to be examined,” the Chief Justice observed.
What did the Centre contend?
During the hearing, Solicitor General Tushar Mehta urged the Supreme Court to pause the high court verdict, arguing that the government's intention behind the amendments was not to "block content completely" but to create a mechanism to curb misinformation circulating about government activities.
HC struck down 2023 amendments on fake news regulation
Earlier on September 26, 2024, the Bombay High Court had formally quashed the 2023 changes to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The controversial regulations introduced on April 6, 2023, mandated the Fact Check Unit (FCU) to monitor and flag online posts deemed fake or misleading in relation to government matters. Once flagged, social media intermediaries were required to either remove the content or publish a disclaimer, failing which they risked legal consequences.
