Context: Recently, Meta’s CEO Mark Zuckerberg announced phasing out fact-checkers in favour of crowdsourced “Community Notes”. Indian fact-checkers remain unsure of the consequences of Facebook parent Meta’s shift from professional to community-driven fact-checking.
Relevance of the Topic:Prelims: A basic idea about developments in Fact Check Ecosystem, especially in India.

Major Highlights:
- Meta and Fact-Checking:
- After the 2016 U.S. Presidential election, Meta (Facebook) roped in content moderators globally and developed technology to filter harmful content.
- Meta started its independent fact-checking programme in partnership with the International Fact-Checking Network (IFCN) and the European Fact-Checking Standards Network (EFCSN).
- Fact-checkers worked on finding misinformation and rating them based on the seriousness of content violation, Meta followed up with action and informed users of the measures it took.
- Community Notes:
- Meta will be moving towards an X-platform styled content moderation system called ‘Community Notes’.
- Under this model, instead of a centralised authority taking action against misinformation, users work together to add additional context that will appear under false or even blatantly illegal content.
- Impact on Indian fact-checking media:
- The announcement by Meta could significantly affect India’s media landscape (loss of revenue and jobs), where eleven organisations currently partner with Meta through its third-party fact-checking network (3PFCN), launched in December 2016.
Establishment of Fact Check Units in India: Development
1. Establishment of FCUs:
- In 2023, the Ministry of Electronics and Information Technology (MEiTY) promulgated the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (2023 Rules), which amended the Information Technology Rules, 2021.
- The amendment allows the government to constitute a Fact Checking Unit (FCU) under IT Amendment Rules, 2023.
- The amendment to Rule 3(1)(b)(v) of the IT Rules, 2021 expanded the general term “fake news” to include “government business”.
- Under the Amendment Rules, 2023, if the FCU comes across or is informed about any posts that are fake, false, or contain misleading facts pertaining to the business of the government, it would flag it to the social media intermediaries concerned.
- Online intermediaries would then have to take down such content, if they wanted to retain their “safe harbour” protection under the IT Rules, 2000 (i.e., legal immunity with regard to third-party content published by them).
2. Concerns:
- Violation of Fundamental Rights: The Rules raised concerns over free speech and the extent to which the government can regulate it.
- The amended Rule 3(1)(b)(v) was violative of:
- Article 14 (equality before law)
- Article 19(1)(a) (freedom of speech and expression)
- Article 19(1)(g) (right to practise a profession or trade) of the Constitution.
- The Rule curtailed the fundamental rights of citizens beyond the reasonable restrictions prescribed under Article 19(2), which was impermissible through the mode of delegated legislation.
- The amended Rule 3(1)(b)(v) was violative of:
- Against the Principle of Natural Justice:
- The FCUs allowed the government to be the “only arbiter” of truth in respect of business concerning itself.
- Assigning any unit of the government such arbitrary, overbroad powers to determine the authenticity of online content, bypasses the principles of natural justice, thus, making it an unconstitutional exercise.
- Fails the Proportionality Test:
- The Rule could result in a “chilling effect” on the intermediary due to the “threat of losing safe harbour”, and also on the freedom of speech.
- These notified amendments in 2023 were also in gross violation of the Supreme Court ruling in Shreya Singhal vs. Union of India (2013) which laid down strict procedures for blocking content.
3. Judicial Rulings wrt FCU:
- Indian law on fact-checking has been challenged in courts, at least as far as fact-checking with regard to the government is concerned.
- Supreme Court Ruling, March 2024: The Supreme Court has stayed the notification of a fact-check unit of the Press Information Bureau from having the power to flag posts as misinformation and strip social media platforms’ safe harbour immunity.
- FCUs are Unconstitutional- Bombay High Court judgement, Sep 2024: The Bombay High Court struck down the amended provision of the Information Technology (IT) Rules, 2021 which empowered the government to identify “fake news” on social media platforms through FCUs, citing it as unconstitutional.


















