Fact-checking unit may not curb opinions or satire on social media: Centre tells HC | Mumbai news - Hindustan Times
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Fact-checking unit may not curb opinions or satire on social media: Centre tells HC

ByK A Y Dodhiya, Mumbai
Apr 22, 2023 12:32 AM IST

The Indian Ministry of Electronics and Information Technology (MeitY) has said that the role of the fact-checking unit proposed by the government will be limited to its own policies and programmes, and will not seek to limit opinions or satire on social media. The statement was made in response to a petition by satirist Kunal Kamra, who challenged certain clauses of the amended IT Rules. Kamra claimed that the rules made the government the sole arbiter of truth, breaching freedom of speech and expression. The hearing on the petition will continue on Monday.

The Ministry of Electronics and Information Technology (MeitY) on Friday told the Bombay high court that the role of the fact-checking unit proposed by the Central government will be restricted to the business of the Central government, its policies and programmes, and it may not seek to curb opinions or satire appearing on social media.

Comedian - Kunal Kamra
Comedian - Kunal Kamra

The affidavit was filed by the ministry in response to a petition filed by satirist Kunal Kamra, challenging certain clauses of the amended IT Rules which mandate that social media platforms “make reasonable efforts” to stop users from uploading or sharing misinformation or misleading information.

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The government affidavit was filed by V Chinnasamy, who works as a scientist at MeitY. The affidavit states that Kamra’s petition is not maintainable and the relief sought by him was premature. It is stated that the fact-checking unit (FCU) referred to in the petition is yet to be notified and hence the irreparable loss as alleged by the petitioner is not valid.

The affidavit goes on to say that the Rules have been amended to contain speculative information which is without an official government announcement so that the potential of harm to the public at large is contained and the amendments are within the ambit of Articles 19(2) and 19(6) of the Constitution.

The affidavit further states that the amendment to the Rules were in compliance with a court judgement which directed the government to come out with a standard operating procedure to eliminate child pornography, gang rape videos etc.

“With access to smart phones, cheap internet data and a social media account, users can not only have information related to their personal experiences, activities, beliefs and opinions but also information related to various factual matters related to the functioning of the democratic governments, thereby adversely impacting the democratic discourse,” the affidavit said and referred to a 2021 report by an international news agency which stated that 41% people used YouTube and Twitter for consuming news while 37% used Facebook and 35% used Instagram to get news.

The affidavit also referred to an instance of fake information that floated on social media platforms last year which resulted in destruction of public property and another bit of fake information which claimed that the President had approved a ban on use of electoral voting machines to drive home the necessity to amend the Rules.

In his petition before the Bombay high court, Kunal Kamra has contended that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 that amend Rules 3 (1)(b)(v) of the IT Rules, 2021, are unconstitutional, being ultra vires of Article 14, 19(1)(a), 19(1)(g) of the Indian Constitution, and violative ab initio of section 79 and 87(z) and (zg) of the IT Act, 2000. His petition also sought to restrain officers from implementing or enforcing the amended Rules for intermediaries till the petition was decided.

He contends that while earlier the rules only directed social media platforms to inform users not to upload misleading information, the amendment permits the FCU of the ministry to act in an arbitrary manner and pull down his content which is based on political satire.

Kamra has claimed in his petition that the rules make the Central government the sole arbiter of truth in respect of its business obliging private parties to impose that version of truth on all users. “This provision, therefore, makes the government the sole gatekeeper of the marketplace of ideas and constitutes a clear breach of Article 19(1)(a) (freedom of speech and expression),” the petition added.

Hearing on the petition will continue on Monday.

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