Union govt defends formation of fact-checking unit before Bombay High Court

The Union government defended the formation of a fact-checking unit (FCU) before the Bombay High Court on July 24, arguing that the right to receive factually correct information and the right not to be misled were just as vital as the right to free speech and expression under Article 19(1)(a), as per reports.

Stand-up comedian Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines have challenged the constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, which allow an FCU of the Union government to identify "fake, false, or misleading" online content "related to the business of the Central Government" and demand its removal, the report further stated.

Justice A.S. Chandurkar, the tie-breaker judge, is hearing arguments in the case after a Division Bench of the High Court issued a divided ruling on January 31, 2024.

Solicitor-General Tushar Mehta of the Union government stated that the FCU will protect people against incorrect information.

"This strategy is the least restrictive method for combating fake, incorrect, and misleading information. Private companies and individuals have fact-checking teams, and the government is equally justified in giving correct information to the public. In many cases, the government serves as both arbiter and beneficiary, such as in property disputes. However, in this case, I do not act as an adjudicator. "My (government's) role is simply to identify and highlight instances of falsehood or misinformation," he explained.

Solicitor-General Tushar Mehta of the Union government stated that the FCU will protect people against incorrect information.

The petitioners finished their argument.