Supreme Court urges balance as Centre clarifies IT Rules not meant to curb humour, satire or criticism

11 MARCH 2026

The Supreme Court sought balance between protecting the nation against fake online content and safeguarding the right to free speech while the Centre defended that its Information Technology Rules was not meant to curb humour, satire or criticism of the government.
The government had notified the formation of a Fact Checking Unit (FCU) under the Press Information Bureau through a notification issued in March 2024 via the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, amended in April 2023.
The FCU was meant to act as a “deterrent” against the creation and dissemination of fake news or misinformation regarding the “business” of the Centre.

Bombay High Court struck down amended IT Rules

The IT Amendment Rules and the establishment of the FCU had come under the judicial scrutiny of the Bombay High Court through petitions filed by the Editors Guild of India and stand-up comedian Kunal Kamra.
The High Court had, in September 2024, struck down the FCU notification and concluded the amended IT Rules of 2023 “unconstitutional” and violative of Article 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution. It had concluded that the expression “fake, false and misleading” in the Rules was “vague and hence wrong” in the absence of any definition.
The High Court had said the government cannot assume the role of the “sole arbiter of truth”.
The Centre appealed in the Supreme Court against the High Court decision, saying it had no subversive intention to crush free speech.