Bombay HC struck down the 2023 amendment to Rule 3 of the IT Rules mandating establishment of Fact Checking Units (FCU) | Current Affairs | Vision IAS
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Bombay HC struck down the 2023 amendment to Rule 3 of the IT Rules mandating establishment of Fact Checking Units (FCU)

Posted 21 Sep 2024

2 min read

Verdict has been delivered in the Kunal Kamra vs Union of India case. 

Background 

  • The 2023 amendment [(3(1)(b)(v)] to IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 empowered the Government to identify fake news pertaining to its business on social media platforms through FCU.
    • Such news was to be flagged and taken down by the intermediary. 
    • Failure to do so would subject the intermediaries to a legal action and losing their safe harbor (legal immunity against third-party consent).  
  • In 2023, Supreme Court stayed the Centre’s notification establishing FCU in Press Information Bureau (PIB)

Key Observations by the HC

  • Rules are ultra vires (unconstitutional) or beyond the powers of the IT Act, 2000. 
  • Violate the Principles of Natural Justice and Fundamental Rights under Articles: 
    • 14 [Equality before Law] 
    • 19 (1) (a) [Freedom of Speech and Expression] 
    • 19 (1) (g) [Freedom to practice any profession]
    • 21 [Right to Life and Personal Liberty]. 
  • Vague, does not clearly define fake or misleading news. 
    • Also, in the absence of "right to the truth," the State is not responsible for providing citizens with only accurate information determined by the FCU.
  • Fail to satisfy the test of proportionality.

About Test of Proportionality

  • It requires that the measure taken to restrict a fundamental right should satisfy:
    • Legitimacy: Evaluates if the law serves a valid government objective.
    • Suitability: Checks if the law effectively addresses that objective.
    • Necessity: Considers whether the law is essential, or if less restrictive alternatives are available.
    • Balancing: Weighs the benefits of the law against the rights it may infringe upon.
  • Tags :
  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
  • Fact Checking Units (FCU)
  • Test of Proportionality
  • Kunal Kamra vs Union of India
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