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Informist, Tuesday, Mar. 10, 2026

 

--SC notice to Kunal Kamra on govt plea vs HC order on fact-check unit case 

--CONTEXT: HC struck down amendment to IT rule on fact-check unit in Kamra case 

--SC refuses to stay HC order on fact-check unit, to hear Kamra case first 

 

NEW DELHI – The Supreme Court Tuesday refused to stay the Bombay High Court's 2024 order that struck down the amendments made in 2023 to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The amendments empowered the government to set up a fact-checking body to identify and tag "false" or "fake" online news with respect to any of its activities. The bench led by Chief Justice of India Surya Kant said that it will hear the matter first at the earliest.

 

The top court issued notices to comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines on the government's appeal against the high court order. The apex court placed the government's appeal before a three judge bench for hearing. 

 

Some of the online platforms act in a dangerous way that can be very damaging and clear guidelines are required, said the court. "Question is of paramount importance and it is better the Supreme Court lays down the law. It is about balancing without compromising the constitutional values," said Chief Justice Kant.

 

The amendments stated that social media platforms like Meta, Instagram, YouTube, and X would be legally obliged to take down content flagged as misinformation by the fact-checking unit or face litigation. The amendments to the information technology rules also stated that telecom service providers and social media intermediaries would have to take action against such alleged fake content, failing which they would lose safe harbour protection under the information technology law. 

 

Kamra and others had argued that the amendments struck at the rule of law, and constituted a direct assault by the government on freedom of speech and expression. In 2024, the high court said the amendments violate Article 14, Article 19, and Article 21 of the Constitution and do not satisfy the "test of proportionality". Challenging the high court's order, the government moved the apex court.  End

 

Reported by Surya Tripathi

Edited by Deepshikha Bhardwaj

 

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