Kamal Ghorui
NEW DELHI: SC Tuesday agreed to test correctness of a Bombay HC judgment striking down amendments to Information and Technology Rules that allowed Centre to set up fact-check units to flag fake social media content that would make it obligatory for intermediaries to take down the content or lose ‘safe harbour’ protection. Solicitor general Tushar Mehta told SC Centre does not intend to block social media platforms but limit the harm caused to individual, institutional and national reputation through fake social media posts, which could be curbed through FCUs.
Fake news can damage nation’s reputation: CJI
Opposing Centre’s argument, senior advocate Arvind Datar told a bench of CJI Surya Kant, Justices R Mahadevan and Joymalya Bagchi the govt already is empowered to issue take down orders and a social media platform or intermediary is bound to remove or take down such content within 48 hours of receiving the notice.CJI Kant said if a fake post demolishing the reputation of a person is allowed to remain active for 48 hours, that person’s dignity and reputation would be sullied beyond repair.“Look at the way some of these platforms are behaving. Some of the illustrations put on record by the govt shows how dangerous these are. Such fake news can damage the reputation of the nation and institutions as well. We will examine all these issues,” the CJI-led bench said and asked the petitioners before the HC — Kunal Kamra, Editors Guild, News Broadcasters and Digital Association and Association of Indian Magazines — to respond to Centre’s appeal in four weeks.However, the bench refused to accede to SG’s plea for a stay on the Bombay HC judgment, which would have revived the FCUs.The CJI said there is no question of staying the judgment. “It is better to hear the petition and decide the matter once for all,” the bench said. It also declined SG’s request for issuing notice on the Centre’s application for stay of the HC decision.A division bench of Bombay HC comprising Justices Gautam Patel and Neela Gokhale had delivered a split verdict, Justice Patel striking down FCU while the latter upholding the validity of the Rules. It was referred to the umpire judge – Justice A S Chandurkar, now a SC judge, who had agreed with Justice Patel.In its appeal, Centre said, “the rule is in compliance with Article 19 and, in fact, reinforces the right of the public to have access to true and accurate information about the functioning of central govt. Article 19 confers no right to engage in deliberate spreading of misinformation and as such, regulation of such misinformation by the Rule does not result in any chilling effect on free speech.”It said the rule, struck down by HC, needs examination from this angle too.
