More Stories

Informist, Friday, Sep 20, 2024

 

--HC judge OKs striking down amendment on IT rules on fact checking

--CONTEXT: Two-judge HC Bench gave split verdict in IT case Jan

 

NEW DELHI – The "tie-breaker judge" of the Bombay High Court today ruled in favour of striking down the 2023 amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The amendments empowered the government to set up a fact-checking body to identify and tag "false" or "fake" online news with respect to any of its activities.

 

In January, a division bench of Justice Gautam Patel and Justice Neela Gokhale delivered a split verdict in the case, with Justice Patel holding that the amendments should be struck down and Justice Gokhale upholding them. Today, Justice Atul Chandurkar agreed with Justice Patel's view. 

 

Justice Chandurkar said the amendments violate Article 14, Article 19, and Article 21 of the Constitution and do not satisfy the "test of proportionality". He said his representation should be given to the division bench to decide the case.

 

This means the original division bench will pass the final order after taking note of Justice Chandurkar’s opinion. In essence, the amendments will be struck down by the high court.

 

The court was hearing petitions by comedian Kunal Kamra, the Editors Guild of India, the News Broadcast and Digital Association, the Association of Indian Magazines, and other parties against the amendments made by the government to the rules. As per the notification, social media platforms like Facebook, Instagram, YouTube, and X would be legally obliged to take down content flagged as misinformation by the fact-checking unit or face litigation.

 

The amendments to the information technology rules also stated that telecom service providers and social media intermediaries would have to take action against such alleged fake content, failing which they would lose safe harbour protection under the information technology law. 

 

Kamra told the court the amendments struck at the rule of law, and constituted a direct assault by the government on freedom of speech and expression.

 

On Mar 21, the Supreme Court put on hold operations of the government's fact-checking unit under the Press Information Bureau, a day after an official notification gave it statutory status with the power to flag allegedly false social media information related to the government. The apex court bench, headed by Chief Justice of India D.Y. Chandrachud, had said the matter involved a "serious constitutional question" and the unit will not have any statutory powers till the Bombay High Court decides on the related amendments made in 2023.  End

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

For users of real-time market data terminals, Informist news is available exclusively on the NSE Cogencis WorkStation.

 

Cogencis news is now Informist news. This follows the acquisition of Cogencis Information Services Ltd by NSE Data & Analytics Ltd, a 100% subsidiary of the National Stock Exchange of India Ltd. As a part of the transaction, the news department of Cogencis has been sold to Informist Media Pvt Ltd.

 

Informist Media Tel +91 (11) 4220-1000

Send comments to feedback@informistmedia.com

 

© Informist Media Pvt. Ltd. 2024. All rights reserved.