The Bombay High Court recently struck down the Amended Information Technology Rules, 2023, which empowered the Centre to establish a Fact Check Unit (FCU) to identify and counteract fake or misleading information about the government on social media platforms.
High Court’s Observations on the Fact Check Unit (FCU)
The court found that the amended rules violated key provisions of the Indian Constitution, particularly Article 14 (right to equality), Article 19 (freedom of speech and expression), and Article 19(1)(g) (right to profession). These constitutional safeguards were seen as compromised by the ambiguous definitions of what constitutes “fake” or “misleading” information. The High Court further emphasized that there is no legal “right to the truth”, and therefore the state is not required to ensure that only information deemed “accurate” by the FCU reaches the public.
Key Facts About Fake News
The issue of fake news has grown exponentially in recent years. According to the National Crime Records Bureau (NCRB), there were 1,527 recorded cases of fake news in 2020, reflecting a 214% increase compared to 2019. The Fact Check Unit (FCU) of the Press Information Bureau (PIB), since its inception in November 2019, has debunked over 1,160 instances of false information.
The Role and Function of the Fact Check Unit (FCU)
The Fact Check Unit is a government-backed body aimed at addressing and mitigating the spread of misinformation concerning the Indian government. It works to verify facts and promote the distribution of accurate information in public discussions. In April 2023, the Ministry of Electronics and Information Technology (MeitY) formally set up the FCU by amending the Information Technology Rules, 2021. The government’s defense of this unit is grounded in its objective to curb the spread of false information, but the Supreme Court stayed its establishment in March 2024, questioning its legal standing under the Press Information Bureau.
Intermediaries, such as social media platforms, were required to comply with the FCU’s directives, and failure to do so could result in action under Section 79 of the IT Act, 2000, which would jeopardize their safe harbor provisions.
Information Technology Amendment Rules, 2023
The IT Amendment Rules, 2023, introduced significant changes to intermediary responsibilities under the Information Technology Act, 2000. Replacing the earlier Intermediary Guidelines from 2011, the rules now demand intermediaries like social media platforms to display regulations and privacy policies clearly. They must also take active steps to prevent the publication of illegal or harmful content, such as obscene, defamatory, or false information.
Larger platforms—referred to as Significant Social Media Intermediaries—are subject to additional due diligence, including appointing a Chief Compliance Officer and submitting monthly compliance reports.
Major Concerns Related to the Amended IT Rules, 2023
Critics have raised several concerns regarding these amendments. The broad and vague definitions of what constitutes fake, false, or misleading information have drawn ire, as they leave room for arbitrary interpretation and enforcement. This could potentially harm freedom of expression by empowering the government to remove content that it deems unfavourable or critical.
Moreover, the establishment of the FCU under the Press Information Bureau (PIB) risks excessive government control over information dissemination, weakening the role of independent media and civil society actors. Intermediaries could face increased pressure to remove content and risk losing their safe harbor protections, leading to self-censorship.
There are also concerns that the rules erode accountability mechanisms, as the FCU may serve more as a government tool to silence criticism than as a transparent fact-checking entity.