Fact Checking Unit will not be notified until July 5: Centre tells Bombay HC

The Centre has told the Bombay High Court on Thursday that the Fact Checking Unit (FCU) will not be notified until July 5.

Additional Solicitor General Anil Singh told the court, "I have instructions to make a statement that the FCU will not be notified until July 5."

The court was hearing a petition filed by comedian Kunal Kamra, which challenged Rule 3(i)(II)(C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. Under this the government's FCU can identify, 'fake or misleading' news about the policies of the govern meant.

A Division Bench comprising Justices G S Patel and Neela Gokhale took note of the plea filed by Kamra which amended the rule.

"We believe this is not a reason to immediately go into the question of stay or suspension of the impugned rule as it stands, as without a fact check unit being notified, the rule cannot operate", the Bench said.

The court further allowed Kamra to amend his petition to challenge the Centre's competence to amend the rules. He was given time until May 2 to do so.

While posting the matter for hearing next on June 6, the court directed the Centre to file a complete response to the petition.

During the previous date of hearing the court had observed that the new amendment to the IT Rules prima facie lacks the necessary safeguards to protect satire and the chance is prima facie 'perusable.'

Kamra said that he is a political satirist, who relies on social media platforms to share his content and the impugned rules could potentially lead to his content being taken down or his social media account suspended.