CENTRE DEFENDS FACT-CHECK UNIT

Why in the news?

  • The Union government defended its fact-checking unit (FCU) in the Bombay High Court, asserting that ensuring accurate information is as crucial as freedom of speech under Article 19(1)(a).
  • The defence comes amidst challenges to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, which allow the FCU to address misleading online content related to the Central Government.
source:Solutionbuggy

Government’s Argument

  • Solicitor-General Tushar Mehta defended the FCU as necessary for tackling false information, similar to private fact-checking units.
  • The government dismissed “chilling effect” claims, stating that intermediaries and courts, not just the government, make final decisions on misinformation.

Petitioners’ Concerns

  • Petitioners argue the new rules breach natural justice and give excessive control to the government over online content.
  • They claim the rules are vague and threaten freedom of expression by potentially allowing disproportionate government influence.
Understanding Article 19

  • Overview: Article 19 of the Indian Constitution guarantees fundamental rights related to freedom of speech and expression, and is primarily invoked against the state.
  • Article 19(1): Grants citizens rights to:
  • Freedom of speech and expression
  • Assemble peacefully without arms
  • Form associations or unions
  • Move freely throughout India
  • Reside and settle anywhere in India
  • Practice any profession or carry on any occupation, trade, or business
  • Article 19(2): Allows the state to impose reasonable restrictions on these rights in the interests of:
  • Sovereignty and integrity of India
  • State security
  • Friendly relations with foreign states
  • Public order, decency, or morality
  • Contempt of court, defamation, or incitement to an offense

Associated Article:

https://universalinstitutions.com/fundamental-rights/