IT Rules 2021
Rule 3(1)(b) and the Fact Check Unit Controversy
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) were framed under Section 87(2) of the IT Act, 2000, by the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Information and Broadcasting (MIB). The 2023 amendment inserted Rule 3(1)(b)(v): platforms would lose their Section 79 "safe harbour" protection if they failed to remove content flagged as "fake, false, or misleading" about "the business of the Central Government" by a government-established Fact Check Unit.
- Section 79 Safe Harbour: Protects online intermediaries (platforms) from liability for third-party content, provided they do not initiate, select, or modify the content, and comply with takedown notices. Loss of safe harbour means platforms become liable as publishers for all user content.
- The FCU mechanism: A government Fact Check Unit (FCU) flags content about government's work as "fake" → platform receives notice → platform must take down or lose Section 79 immunity. No judicial review before takedown.
- Bombay High Court (2024): A division bench delivered a split verdict; the deciding third judge struck down Rule 3(1)(b)(v) as violating Articles 14, 19(1)(a), and 19(1)(g) of the Constitution — deeming it unconstitutional.
- Supreme Court: Initially stayed the FCU notification in March 2024; the Union government challenged the Bombay HC's striking down, bringing the matter to the Supreme Court for final determination.
- Petitioners: Editors Guild of India (representing press freedom), Kunal Kamra (political satirist), and others argue that the FCU turns the government into an unaccountable arbiter of truth about itself.
● Tracked since March 10, 2026 · last seen July 14, 2026 · updates as the daily brief publishes
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