Kunal Kamra Moves Supreme Court for Interim Stay on Fact-Checking Unit under IT Amendment Rules

Kunal Kamra, a prominent stand-up comedian, has petitioned the Supreme Court of India to intervene and halt the implementation of the Fact-Checking Unit (FCU) established under the recently amended Information Technology (IT) Rules of 2023. The FCU is mandated to identify and flag purportedly fake or false content on social media platforms, particularly content critical of the government.

The FCU, instituted through amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021, empowers it to pinpoint online content deemed fake, false, or misleading concerning government affairs. Once identified, the FCU notifies social media intermediaries, who then have the choice to either remove the flagged content or append a disclaimer. Opting for the latter forfeits the intermediary’s legal immunity, exposing them to potential legal consequences.

Also read: AAP Opposes Ban on Election Freebies, Asserts Welfare Schemes as Constitutional Accountability

Kunal Kamra contends that the FCU’s directives effectively pressure social media companies into preemptively censoring content that may criticize or question the actions of the central government. He argues that the FCU regime fosters an environment where social media intermediaries are compelled to prioritize avoiding legal repercussions over facilitating open discourse and free expression online.