Bombay High Court strikes down Centre's bid to establish fact checking unit
- In Reports
- 08:58 PM, Sep 20, 2024
- Myind Staff
In a setback for the central government, the Bombay High Court on September 20th overturned the 2023 amendments to the Information Technology (IT) Rules, which had allowed the government to establish a fact-checking unit to identify fake and false content about it on social media.
Justice Atul Chandurkar, serving as the ‘tie-breaker judge’ after a division bench delivered a split verdict in January, ruled that the amendments infringed upon fundamental rights guaranteed by the Indian Constitution.
“I have considered the matter extensively. The impugned rules violate Article 14 (right to equality), Article 19 (freedom of speech and expression), and Article 19(1)(g) (freedom to practice a profession) of the Constitution of India,” Justice Chandurkar stated. He noted that the terms “fake, false, and misleading” in the Rules were “vague and therefore problematic” due to the lack of clear definitions.
The case was referred to a third judge after a division bench of the Bombay High Court issued a split verdict in January. Justices Gautam Patel and Neela Gokhale were on that bench; Justice Patel ruled against the Rules, citing censorship concerns, while Justice Gokhale maintained that they did not impose a “chilling effect” on free speech, as argued.
The High Court was hearing petitions from stand-up comic Kunal Kamra, the Editors Guild of India, the Association of Indian Magazines, and the News Broadcast and Digital Association.
The petitioners argued that the two Rules are ultra vires to Sections 79, which protects intermediaries from liability for third-party content, and Sections 87(2)(z) and (zg) of the IT Act 2000. They contended that the Rules violate fundamental rights, including the right to 'equal protection under the law' under Article 14, and the freedom of speech under Articles 19(1)(a) and 19(1)(g) of the Constitution.
In his plea, Kamra stated that as a political satirist who relies on social media to share his work, the Rules could result in arbitrary censorship, potentially leading to his content being blocked, taken down, or his social media accounts being suspended or deactivated.
Solicitor General Tushar Mehta, representing the central government, defended the amendments, claiming they were not aimed at stifling criticism or satire but were intended to combat the spread of false information.
On April 6, 2023, the central government amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Rule 3 empowered the government to establish Fact Check Units (FCUs) to identify and flag fake, false, or misleading online content related to the government. These amendments faced significant criticism and legal challenges.
According to the amended rule, social media intermediaries such as ‘X,’ ‘Instagram,’ and ‘Facebook’ were required to either remove flagged content or add a disclaimer once the government’s FCU identified it on their platforms.
This ruling comes in the wake of the Supreme Court's earlier stay on the notification that established the Fact Check Unit under the IT rules.
Image source: The Hindu
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