Flagging dangers of social media, SC to hear Centre plea on fact-check units | India News
New Delhi: The SC on Tuesday agreed to examine the correctness of a Bombay High Court judgment striking down amendments to the Information and Technology Rules that allowed the Center to set up fact-check units to flag fake social media content that would force moderators to take down the content or lose ‘safe harbour’ protection. Solicitor General Tushar Mehta said the SC Center does not intend to block social media platforms but limit damage to individual, institutional and national reputation through fake social media posts, which can be prevented through FCU.
Fake news can spoil country’s reputation: CJI
Opposing the Centre’s argument, senior advocate Arvind Datar told a bench of CJI Surya Kant, Justices R Mahadevan and Jayamalya Bagchi that the government has already got the power to issue takedown orders and a social media platform or intermediary is bound to remove or take down such content within 48 hours of receiving notice.CJI Kant said that if a fake post defaming a person’s reputation is allowed to remain active for 48 hours, that person’s dignity and reputation will be damaged beyond repair.“Look at how some of these platforms are behaving. Some images put on record by the government show how dangerous they are. Such fake news can damage the reputation of the nation and the institution as well. We will examine all these issues,” the CJI-led bench said and asked the petitioners before the high court – Kunal Kamra, Editors’ Association and Digital Broadcast Association and Magazine Association to respond. Center’s appeal within four weeks.However, the bench refused to allow the SG’s plea for a stay on the Bombay High Court judgment, which would have revived the FCUs.CJI said, there is no question of staying the verdict. “It is better to hear the petition and decide the matter once and for all,” the bench said. It also rejected the SG’s request to issue a notice on the Centre’s plea to stay the High Court’s decision.A Division Bench of the Bombay High Court comprising Justices Gautam Patel and Neela Gokhal delivered a split judgment, with Justice Patel striking down the FCU and subsequently upholding the validity of the rules. This was referred to the umpire judge – Justice AS Chandurkar, now an SC judge, who agreed with Justice Patel.In its appeal, the Center said, “The rule is consistent with Article 19 and, in fact, strengthens the public’s right to access true and accurate information about the functioning of the Central Government. Article 19 does not confer any right to engage in willfully spreading misinformation and, therefore, the regulation of such misinformation does not affect free speech.”It said that the rule, rejected by the High Court, needs to be examined from this angle as well.
