Fact-Check Units: Unchecked Fact Checkers

Introduction

In the case of Kunal Kamra v. Union of India, on January 31, 2024, the petitioners challenged the constitutional validity of the 2023 amendment (the "2023 Amendment") made to Rule 3(1)(b)(v) (pertaining to due diligence by an intermediary) (the "Impugned Rule") of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the "Intermediary Rules"). This update discusses the judgment and analyses its ramifications.

The Intermediary Rules

The Information Technology Act, 2000 (the "IT Act") defines an "intermediary" as any person that, on behalf of another, receives, stores, transmits, or provides services related to electronic records. This includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online auction sites, online marketplaces, and cyber cafes.