The Supreme Court on Thursday stayed the operation of the Centre’s March 20 notification regarding the Press Information Bureau’s Fact Checking Unit (FCU) until the Bombay High Court takes a final decision on petitions challenging the 2023 amendments to the IT Rules.
A three-judge bench headed by Chief Justice of India DY Chandrachud noted that the Centre had assured the HC on April 27, 2023 that the FCU will not be notified till the petitions challenging Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules, 2023 are decided by the High Court.
The top court said it was not making any comments on merits as the matter is pending before the High Court. “We are of the considered view that the challenge which is pending before HC implicates core values impinging on the freedom of speech, which is protected by Article 19. Since all the issues await the adjudication of the HC, we are desisting from expressing any opinion on merits which may ultimately have the impact of foreclosing a full and fair consideration by the third judge of the High Court,” the apex court said.
“However we are clearly of the view that the notification dated March 20, 2024, which has been issued by the Union Government after the rejection of the application for interim relief, would need to be stayed,” it added.
