Jahanvi Agarwal
Comedian Kunal Kamra has escalated his battle against the establishment of Fact Check Units (FCUs) within the framework of the revised Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2023, taking his grievances to the Supreme Court.
This move followed a setback at the Bombay High Court, where Justice AS Chandurkar turned down Kamra’s preliminary request to pause the notification concerning FCUs, enabling the Central Government to move forward with its plans. These units are designed to tackle the spread of fake news across social media platforms.
In his Supreme Court petition, Kamra challenges the necessity of FCUs, questioning their importance in light of the Press Information Bureau (PIB)’s long-standing role in circulating verified information regarding government activities.
He raises concerns about the impact of FCUs on fundamental freedoms, particularly highlighting Articles 19(1)(a) and 19(1)(g) of the Indian Constitution, and urges the judiciary to weigh the implications of such measures carefully against individual rights. Kamra advocates for the exploration of less invasive options before establishing FCUs, arguing for a cautious approach in evaluating their effect on constitutional liberties.
However, Justice AS Chandurkar of the Bombay High Court was not convinced by Kamra’s arguments, stating that the comedian had not presented a strong enough case to halt the government’s FCU initiative. This ruling cleared the path for the government to implement its strategy, awaiting further legal examination.
Recently, a division bench of the High Court (PLEASE CHECK IF ITS SUPREME COURT) comprising Justice GS Patel and Justice Neela Gokhale delivered a split verdict in the petitions challenging Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.
In the split verdict, Justice Patel struck down the amended rule establishing FCU while Justice Gokhale ruled against the petitioners.
Case Name: Kunal Kamra v. Union of India.
Bench: Justice GS Patel and Justice Neela Gokhale