Bombay High Court Grills Government Over Contentious Fact-Check Unit
The Bombay High Court initiated deliberations on Monday, July 1, 2024, regarding the contested Information Technology (IT) Amendment Rules, 2021. Solicitor General Tushar Mehta, representing the government, ardently defended the establishment of a fact-check unit, asserting its role in identifying misinformation without infringing upon content removal.
Mehta’s Defense: A Balancing Act
Mehta argued that the unit merely flags content as potentially false or misleading, leaving the final decision to intermediaries. He emphasized the necessity of a disclaimer to inform users and the availability of legal recourse for aggrieved parties. “Fact check is a known phenomenon,” Mehta stated, highlighting the prevalence of such mechanisms in the private sector. He further clarified that the government’s involvement is limited to assessing the accuracy of content concerning government business, not acting as an arbitrator. The government aims to provide remedies for defamatory content while upholding the delicate balance between freedom of speech and protecting individual rights.
High Court’s Stance and Upcoming Proceedings
Previously, the High Court declined to grant an interim stay on the fact-check unit’s formation while evaluating the constitutionality of the IT Rules amendments. Justice A.S. Chandurkar, the tie-breaker judge, referred the matter to a larger bench for further consideration. The court is set to continue hearing arguments on Tuesday, July 2, 2024.
Key Takeaways:
- The Bombay High Court is deliberating the legality of the IT Amendment Rules, 2021, and the establishment of a government fact-check unit.
- The government defends the unit’s role in identifying misinformation, emphasizing the need to balance freedom of speech with protecting individual rights.
- The court has declined an interim stay on the unit’s formation and will continue hearing arguments on Tuesday.
Soumya Smruti Sahoo is a seasoned journalist with extensive experience in both international and Indian news writing. With a sharp analytical mind and a dedication to uncovering the truth, Soumya has built a reputation for delivering in-depth, well-researched articles that provide readers with a clear understanding of complex global and domestic issues. Her work reflects a deep commitment to journalistic integrity, making her a trusted source for accurate and insightful news coverage.
