Supreme Court of India Examines Government Fact-Check Rule Challenge

The Supreme Court of India agreed on March 10, 2026, to examine a petition from the central government challenging a September 2024 Bombay High Court verdict. The lower court had struck down Rule 3 (1) (V) of the 2023 Information Technology (Amendment) Rules, declaring the provisions unconstitutional due to their vague nature and potential to chill free speech.

The contested rules allowed the government to establish Fact-Check Units (FCUs) to identify and regulate content deemed fake, false, or misleading regarding government business. Under these regulations, social media intermediaries faced the loss of their safe harbour immunity if they failed to remove content flagged by an FCU.

Chief Justice Surya Kant expressed concern over the dangerous operation of social media platforms and their potential to damage institutions like the Indian Army, though he emphasized the need for guidelines that balance constitutional values. Solicitor General Tushar Mehta argued that the government intended to regulate misinformation rather than curb satire, criticism, or the expression of views.

While the Supreme Court condoned a 400-day delay in the government's appeal and issued notices to original petitioners, including Kunal Kamra and the Editors Guild of India, it refused to stay the Bombay High Court's order. The court ordered counter-affidavits within four weeks to further settle the law on misinformation.