India: Announced appeal in lawsuit challenging MeitY's rules pertaining to identification of fake content against the government on social media (Kunal Kamra v Union of India and Others)

Description

Announced appeal in lawsuit challenging MeitY's rules pertaining to identification of fake content against the government on social media (Kunal Kamra v Union of India and Others)

On 15 March 2024, the Plaintiff moved to the Supreme Court of India seeking an interim stay on the establishment of the Fact-Check Unit (FCU) under the amended Information Technology Rules 2023, which aims to identify fake and false content on social media against the government. Previously, the Bombay High Court refused to grant a stay, stating that notifying the FCU would not cause irreparable harm. The plaintiff has emphasised that the FCU will coerce social media intermediaries into censoring content critical of the government to avoid legal liability, thus impeding free speech. The plaintiff also highlighted that an existing mechanism, the Press Information Bureau, already addresses fake news about the government.

Original source

Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2023-04-10
under deliberation

On 10 April 2023, a Petition was filed in the High Court of Bombay challenging the Information Tech…

2024-03-11
concluded

On 11 March 2024, the High Court of Bombay refused to grant an interim stay on establishing a Fact-…

2024-03-15
under appeal

On 15 March 2024, the Plaintiff moved to the Supreme Court of India seeking an interim stay on the …

2024-03-21
under investigation

On 21 March 2024, the Supreme Court of India stayed the notification of a Fact-Check Unit (FCU) und…

2024-09-20
in force

On 20 September 2024, the Bombay High Court issued a ruling in a lawsuit concerning the government'…