New Delhi: The Supreme Court on Tuesday agreed to examine the veracity of the Bombay HC’s judgment striking down amendments to the Information and Technology Rules that had allowed the Center to set up fact-checking units to flag fake social media content, making it mandatory for intermediaries to remove content or lose ‘safe harbor’ protection. Solicitor General Tushar Mehta told the Supreme Court that the Center does not intend to block social media platforms but to limit the damage caused to individual, institutional and national reputation through fake social media posts, which can be prevented through the FCU.
Fake news can harm the country’s reputation: CJI
Opposing the Centre’s argument, senior lawyer Arvind Datar told a bench of CJI Surya Kant, Justices R Mahadevan and Joymalya Bagchi that the government is already empowered to issue takedown orders and a social media platform or intermediary is bound to remove or remove such content within 48 hours of receiving the notice.CJI Kant said that if a fake post destroying the reputation of a person is allowed to remain active for 48 hours, the dignity and reputation of that person will be so tarnished that it cannot be repaired.“Look at how some of these platforms are behaving. Some examples placed on record by the government show how dangerous they are. Such fake news can also harm the reputation of the country and institutions. We will examine all these issues,” the CJI-led bench said. And petitioners before the HC Kunal Kamra, Editors Guild, News Broadcasters and Digital Association and Association of Indian Magazines were asked to respond to the Centre’s appeal in four weeks.However, the bench refused to accept the SG’s plea to stay the Bombay HC decision, which would have revived the FCUs.CJI said that there is no question of staying the decision. “It is better to hear the petition and decide the matter at once,” the bench said. It also rejected the SG’s request to issue notice on the Centre’s application seeking stay on the HC decision.A Bombay HC division bench of Justices Gautam Patel and Neela Gokhale had delivered a split verdict, with Justice Patel striking down the FCU while the latter upheld the validity of the rules. It was referred to the umpire judge – Justice AS Chandurkar, now a Supreme Court judge, who agreed with Justice Patel.In its appeal, the Center said, “The rule is in compliance with Article 19 and, in fact, strengthens the right of the public to have access to true and accurate information about the functioning of the Central Government. Article 19 does not confer any right to engage in knowingly spreading misinformation and as such, the regulation of such misinformation by the rule has no adverse impact on freedom of expression.”It said that the rule struck down by the HC needs to be examined from this angle also.
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