Supreme Court Puts On Hold Centre's Notification Of Its Fact-Check Unit

The fact-check unit was notified under IT Rules of 2021 by the Ministry of Electronics and Information Technology.

"The central government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government," the notification said.

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With Centre's notification, the Fact Check Unit was supposed to be the nodal agency to tackle or alert about all fake news or misinformation related to the central government.

The notification came days after the Bombay High Court declined to restrain the Centre from notifying the unit. The petition was filed by stand-up comedian Kunal Kamra and the Editors Guild of India.

In April last year, the Ministry of Electronics and Information Technology (Meity) promulgated the 2023 Rules, which further amended the Information Technology Rules, 2021.

Under the new rules, the fact-check unit would flag to social media intermediaries if it comes across or is informed about any posts that are "fake", "false" or contain "misleading" facts over business of the government.

The online intermediaries would then have to take down such content if they wanted to retain their "safe harbour" (legal immunity against third-party content).

The fact check unit under PIB was established in November 2019 with a stated objective of acting as a deterrent to creators and disseminators of fake news and misinformation.

It also provides people with an easy avenue to report suspicious and questionable information pertaining to the Government of India.

The unit is mandated to counter misinformation on government policies, initiatives and schemes either suo motu or under a reference via complaints.

The unit actively monitors, detects, and counters disinformation campaigns, ensuring that false information about the government is promptly exposed and corrected.