Comedian Kunal Kamra has taken his fight against the establishment of Fact Check Units (FCUs) under India's amended Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2023 to the Supreme Court of India.

Kamra's approach to the Supreme Court comes after his interim application seeking to halt the notification of FCUs was rejected by Justice AS Chandurkar of the Bombay High Court. The rejection allowed the Central Government to proceed with its plans to implement FCUs, aimed at identifying and combating fake, false, and misleading news proliferating on social media platforms.

In his plea before the Supreme Court, Kamra contends that the Union of India has not adequately justified the necessity of FCUs, especially when existing institutions like the Press Information Bureau (PIB) have long been disseminating accurate information about the government's functioning. He argues that the potential impact of FCUs on fundamental rights, particularly under Article 19(1)(a) and Article 19(1)(g) of the Indian Constitution, warrants caution and careful consideration by the judiciary.

Emphasizing the importance of maintaining a balance between government objectives and individual liberties, Kamra asserts that less restrictive measures should be explored before resorting to the establishment of FCUs. He maintains that the introduction of such measures, without proper scrutiny and assessment of their impact on constitutional rights, should be avoided as a matter of legal principle.

However, Justice AS Chandurkar, presiding over the Bombay High Court case, dismissed Kamra's plea, stating that the petitioner failed to make a compelling case for the court to intervene and prevent the notification of FCUs by the Central Government. This decision effectively paved the way for the government to proceed with its plans, pending further legal challenges.

The legal landscape regarding FCUs witnessed a recent development when a division bench of the Bombay High Court, comprising Justice GS Patel and Justice Neela Gokhale, delivered a split verdict on petitions challenging the amended IT Rules of 2023. While Justice Patel struck down the rule establishing FCUs, Justice Gokhale ruled against the petitioners, underscoring the complexity and contentious nature of the issue.

The differing opinions within the judiciary highlight the nuanced legal arguments surrounding the establishment of FCUs and the broader implications for freedom of expression and digital media regulation in India.

Case: Kunal Kamra vs. Union of India.