Kunal Kamra moves Supreme Court for interim stay on Fact Checking Units

Standup comic Kunal Kamra has petitioned the Supreme Court, seeking an interim halt to the implementation of the Fact-Checking Unit (FCU) as per the recently revised Information Technology (IT) Rules of 2023.

The FCU, devised to spot counterfeit and deceptive content on social media platforms targeting the government, has faced resistance from Kamra. This move comes after the Bombay High Court declined to intervene against the establishment of the FCU under the 2023 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules.

Initiated on April 6, 2023, by the government led by Prime Minister Narendra Modi, the IT Rules amendments introduced the FCU to identify and signal "fake, false, or misleading online content concerning the government." As per the rules, if flagged, social media intermediaries have the choice to either remove the content or attach a disclaimer. However, by opting for the latter, they forfeit their legal immunity, opening themselves to legal repercussions.

Kamra's argument pivots on the potential for the FCU to compel social media entities to engage in biased censorship of content related to the central government, under the guise of shielding themselves from legal liabilities. He contends that such a regime would stifle free expression critical of the government. Kamra's plea highlights the existing Press Information Bureau as an already robust mechanism to counter misinformation regarding the Union government, thereby questioning the necessity of the FCU.