The Bombay High Court (HC) will pronounce the verdict on a bunch of petitions challenging the amended IT Rules, which empowered the government to identify ‘fake news’ on social media platforms, on January 15. The government, through the Fact Check Unit (FCU), worked to identify fake news. The petitions also include the plea of stand-up comedian Kunal Kamra.
In April 2023, the government amended the new IT regulations. According to those guidelines, online intermediaries must remove any content that the FCU designates as "fake or misleading" in order for them to maintain their "safe harbour" (a legal shield against content from third parties).
The central government told the HC that the FCU, set up to identify fake news related to the government published online, will not be notified about anything until the judgement is passed. On September 29, the HC concluded the hearing, and the court’s verdict remained reserved. The HC said the same would be announced on December 1.
On the same day, the high court said the judgement was not ready and that it would try to pronounce the same by January 2024.
The Centre's lawyer stated that the matter might be heard next in court after the Christmas break and that the government's earlier declaration would remain in effect until then. The bench granted the request and adjourned the case until January 5, at which point the verdict will "probably" be rendered.
The bench postponed the date on January 5 to January 15 and announced that it would list the case for a judgement to be rendered on January 15. Solicitor General Tushar Mehta said the Centre will stick with its previous declaration about the FCU notice until then.
The Association of Indian Magazines, News Broadcasters and Digital Association, Editors Guild of India, and Kamra have all submitted arguments opposing the new IT Rules.
How Does The Fact-Checking Unit Work?
Information that needs verification is sent by users via web portals, email, or WhatsApp. Every one of these requests is referred to as a "query." The unit divides up the queries according to how relevant they are to issues concerning the Indian government. Only inquiries about the Government of India are accepted and investigated as actionable queries; other inquiries are not thought to be pertinent enough to warrant further action. The material in question is thoroughly verified using a number of cross-checking techniques, including the use of technology tools, government open-source data, and confirmation from the relevant Government of India agency.
Criteria Used To Classify Fact-Checked Content:
Fake: Any intentionally or inadvertently disseminated, factually inaccurate news, content, or information about the Government of India that has the potential to mislead or manipulate an audience - with or without the intent to cause harm - can be marked as fake.
Misleading: Any information that is provided with the intent to mislead or deceive the person receiving it, whether it is partially true, presents facts or statistics selectively, or distorts facts or figures.
True: Any data is determined to be factually accurate only after investigation.
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