NEW DELHI: The SC on Tuesday agreed to test the correctness of the Bombay High Court judgment that struck down an amendment to the Information and Technology Rules that had allowed the Center to set up a fact-checking unit to flag false social media content, which would have made intermediaries obligated to remove the content or lose “safe harbor” protection. Additional Solicitor General Tushar Mehta told SC Center that there is no intention to block social media platforms but to limit the damage caused by false social media posts to the reputation of individuals, institutions and the country, which can be curbed through the FCU.
CJI: Fake news can harm country’s reputation
Reacting to the Centre’s arguments, senior advocate Arvind Datar told a bench of CJI Surya Kant and a bench of Justices R Mahadevan and Joymalya Bagchi that the government already has the power to issue takedown orders and social media platforms or intermediaries must remove or delete such content within 48 hours of notification.CJI Kant said if a false post damaging someone’s reputation is allowed to remain active for 48 hours, the person’s dignity and reputation will be irreparably tarnished.“Look at the way some of these platforms are behaving. Some of the illustrations on record with the government show how dangerous they can be. Such fake news can also damage the reputation of the country and institutions. We will examine all these issues,” the CJI-led bench said, asking the petitioners in the apex committee — Kunal Kamra, Editors Guild, News Broadcasting and Digital Association and Magazines Association of India — to respond to the Centre’s call within four weeks.However, the bench refused to entertain the SG’s plea seeking stay of execution of the Mumbai HC judgment, failing which the FCU would be resurrected.The CJI said there was no question of stay of judgment. “It would be 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 notice on the Centre’s application for stay of execution of the HC decision.A division bench of the Bombay High Court, comprising Justice Gautam Patel and Justice Neela Gokhale, delivered a split verdict, with Justice Patel dismissing the FCU while the latter upheld the validity of the rules. It was placed before the presiding judge, Justice AS Chandurkar, now a judge of the Supreme Court, who agreed with Justice Patel.The Center said in its appeal that “the Rules are consistent with Article 19 and, in fact, strengthen the right of the public to get true and accurate information about the functioning of the Central Government. Article 19 does not confer a right to intentionally spread misinformation and, therefore, the regulation of such misinformation by the Rules will not have any chilling effect on freedom of expression.”It is said that the rules rejected by the HC also need to be reviewed from this perspective.
