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IT Rules allowing Centre’s Fact Checking Unit (FCU) as ‘Unconstitutional’
Context:
The Bombay High Court struck down the amended Information Technology rules that aimed to identify “fake and false” content about the government on social media through a Fact Checking Unit (FCU), deeming them unconstitutional.
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- The court ruled that the amendments violated the Articles 14 (right to equality) and 19 (freedom of speech), noting that the rules were too vague and broad, potentially causing a “chilling effect” on individuals and social media platforms.
- The amended rules allowed the establishment of an FCU with the authority to flag misleading or false online content related to the government.
IT Rules 2021
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 established a framework for social media platforms and other intermediaries to manage user-generated content.
Key provisions included:
- Diligence in Content Management: Intermediaries were required to exercise greater diligence regarding the content shared on their platforms, ensuring that harmful or illegal content was promptly addressed.
- User Safety: The rules mandated the removal of content that violated user privacy or was deemed harmful within a strict time frame.
- Grievance Redressal: Platforms had to appoint grievance officers to handle complaints related to violations of these rules.
Amendments in 2022
The 2022 Amendments introduced several changes aimed at enhancing user safety and clarifying intermediary responsibilities:
- User Obligations: Intermediaries must now inform users about prohibited content, which includes anything that threatens national unity or public order, as well as explicit material or copyright violations.
- Grievance Appellate Committee: A new mechanism was established for users to appeal decisions made by grievance officers, ensuring a more structured approach to complaint resolution.
- Expedited Content Removal: The timeframe for addressing complaints regarding prohibited content was tightened, requiring action within 72 hours.
Amendments in 2023
The Information Technology Amendment Rules, 2023, further refined the regulatory landscape, particularly focusing on online gaming and misinformation:
- Online Gaming Regulations: The new rules defined online games and established a framework for self-regulatory bodies to oversee these platforms. Intermediaries must ensure that games do not involve gambling or betting elements.
- Fact-Checking Unit: A significant addition was the establishment of a government fact-check unit tasked with identifying false information.
- Intermediaries are now required to take down flagged content or risk losing their “safe harbour” protections against legal liability.
