The Bombay High Court, in an important verdict, struck down the IT Amendment Rules 2023. The matter was given in January by a division bench after which the Chief Justice of the High Court appointed a tie-breaker judge. He has now expressed his final opinion on it, calling it unconstitutional and ruled to strike down the amendments.
High Court’s Observation Regarding FCU
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, violated Article 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution. The definition of fake or misleading news remains ambiguous, lacking clarity and precision.
- In the absence of a legally established “right to the truth,” the State is not obligated to ensure that citizens are provided solely with information deemed accurate by the Fact Check Unit (FCU). Additionally, the measures fail to meet the standard of proportionality.
Key Facts About Fake News
- According to the National Crime Records Bureau (NCRB) data, a total of 1,527 cases of fake news were recorded in 2020, a 214% increase, against 486 cases in 2019 and 280 cases in 2018.
- The Fact Check Unit of the PIB has successfully debunked 1,160 instances of false information since its establishment in November 2019.
Fact Check Unit
- About: The FCU is an official body to address and counter the spread of misinformation related to the Indian government.Its primary function is to identify and verify facts, ensuring the dissemination of accurate information in public discourse.
- Establishment of FCU: In April 2023, the MeitY established the Fact-Check Unit (FCU) by amending the Information Technology Rules, 2021.
- Legal Issue: In March 2024, the SC issued a stay on the establishment of Fact-Check Unit (FCU) under the Press Information Bureau.
- The government defended the FCU, as it aimed to prevent the spread of false information and is the least restrictive measure to combat misinformation.
- Compliance and Consequences: FCU will adjudicate content, and failure by intermediaries to comply with its directives could result in action under Section 79 of the IT Act, 2000 for violating safe harbour provisions.
Information Technology Amendment Rules 2023
- These rules were established under the powers conferred by the Information Technology Act, 2000.
- The rule replaced the Information Technology (Intermediaries Guidelines) Rules, 2011.
Due Diligence by Intermediaries
- Intermediaries must prominently display rules, regulations, privacy policies, and user agreements on their platforms.
- Intermediaries should take steps to prevent the publishing of unlawful content, including obscene, defamatory, or misleading information.
- Grievance Redressal Mechanism must be established by intermediaries to handle user complaints.
Additional Due Diligence for Significant Intermediaries
- Significant Social Media Intermediaries must appoint a Chief Compliance Officer and a Grievance Officer.
- These intermediaries must report monthly compliance including complaints and actions taken.
Grievance Redressal Mechanism
- Intermediaries must acknowledge complaints within 24 hours and resolve them within 15 days.
- Complaints regarding content that violates privacy or contains harmful material should be addressed within 72 hours.
Code of Ethics for Publishers
- Publishers of news and online content must adhere to a Code of Ethics, ensuring content does not affect the sovereignty of India or violate any existing laws.
Regulation of Online Games
- Online gaming intermediaries must provide detailed policies about withdrawals, winnings, and user identity verification.Real-money online games must be verified by a self-regulatory body.
- A self-regulatory body (SRB) is defined as an organization established to oversee and enforce compliance with ethical standards, guidelines, and best practices for digital media and intermediaries.