India: Issued judgment 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 21 March 2024, the Supreme Court of India stayed the notification of a Fact-Check Unit (FCU) under the amended Information Technology Rules, 2023 (IT Rules 2023), pending a final decision by the High Court of Bombay. The plaintiff, supported by representatives of the Editors Guild of India and the Association of Indian Magazines argued that the FCU would censor content critical of the government, undermining free speech. The Government claimed the FCU was necessary to combat fake news and would not dilute safe harbour protections under Section 79 of the Information Technology Act, 2000 if intermediaries made reasonable efforts to flag such content. The Supreme Court found a prima facie case in favour of the petitioners, justifying the stay until the Bombay High Court clarifies the constitutional validity of the provisions contained in IT Rules 2023.