Bombay HC Struck Down Fact Check Unit

Syllabus: GS2/Governance

Context

• The Bombay High Court struck down the amended Information Technology Rules, 2023, which empowered the Centre to set up a fact check unit (FCU) to identify fake, false and misleading information about the government.

About

Amended Information Technology (IT) Rules

• The amendment to The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 notified in 2023 did two things:
  • they brought in a legal framework for the online gaming eco-system 
  • and introduced a legal mechanism for the government to fact-check online content pertaining to “government business”.
• The Rules made it obligatory on intermediaries like social media platforms “to not to publish, share or host fake, false or misleading information in respect of any business of the Central Government”.
• The changes raised concern that the FCU will make the government the “sole arbiter of truth” in respect of any business related to itself.
• Subsequently, the rules were challenged before the Bombay High Court.

Concerns Raised Due to Amended Rules

• IT Rules 2021 were challenged to be violative of Article 14, Article 19(1)(a) and (g), and Article 21 of the Constitution, and Section 79 and the Information Technology Act, 2000 (IT Act).
  • Article 14 refers to equality before the law and the provisions referred to under Article 19 pertain to the right to freedom of speech and expression, and the right to practice a profession or trade.
• The amendment essentially expanded the general term “fake news” to include fake news involving government business.
• The petitioners argued before the court that this would have a “chilling effect” upon the freedom of speech and expression.
  • Section 69 of the IT Act empowers the government to issue directions to block public access to any information through any computer resource. The Rules were framed essentially in exercise of this power.
• The Bombay High Court examined if these Rules were violative of free speech, and were arbitrary in nature.

What is the Fact Check Unit?

• It was established under the Press Information Bureau (PIB) and started its operations in 2019.
• It was constituted to flag “fake, false or misleading online content related to the government.
• The FCU would flag off the fake, false, and misleading facts about the business of the government to social media intermediaries.
• Once such a post is flagged off, the intermediary has the option of either taking down the post or putting a disclaimer on the same. 
  • In taking the second option, the intermediary loses its safe harbour/immunity and stands liable for legal action.
• Recently, The government notified the Fact Check Unit under Information Technology Rules, 2021.

Source: IE