Who will fact-check the fact-checker, asks Bombay HC
The Hindu
A Division Bench was hearing a bunch of petitions filed by political satirist Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines and regional channels
The Bombay High Court on September 26 said that “on the one hand there is the larger public interest that needs to be protected from fake news, and on the other, we have the overarching powers of the government.”
A Division Bench of Justices Gautam Patel and Neela Gokhale was hearing a bunch of petitions filed by political satirist Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines and regional channels. They are all challenging the constitutional validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. The new Rules require social media intermediaries to censor or otherwise modify content that relates to the Central government if a government mandated fact-checking unit (FCU) directs them to do so.
Solicitor General Tushar Mehta, appearing for the Ministry of Electronics and Information Technology, said any humour or satire against the government had nothing to do with this regulation. The government was only concerned with false facts being circulated by anonymous people. He argued that the present regulations balanced the rights of the stakeholders without penalising or criminalising anyone. Mr. Mehta said, “the new IT Rules put together a system to curb misinformation. One can speak whatever you want to speak. But fake and false is what is regularised not criminalised.”
The court said, “The petitioners accept the Internet as a medium is infinite. They accept there is a problem with dissemination ... the argument is the guidelines are overboard. Secondly, the government is the sole arbitrator. To put it differently, who will fact-check the fact-checker?” Mr. Mehta will continue his arguments on Wednesday, September 27.
Senior advocate Navroz Seervai, appearing for Mr. Kamra, had said the IT Rules did not come within the reasonable restrictions and they were not reasonable and were not in the interest of the public.
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