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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