Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Earthquake of 5.8 magnitude hits Peru, damaging buildings and injuring 27
    Earthquake of 5.8 magnitude hits Peru, damaging buildings and injuring 27 World
  • Access Denied
    Access Denied Nation
  • Private School Owner Arrested For Raping Teacher In Noida: Cops
    Private School Owner Arrested For Raping Teacher In Noida: Cops Nation
  • Sensex, Nifty Rebound From Opening Losses; Yields At One-Year High Business
  • Access Denied
    Access Denied Nation
  • Over 1,000 cases of sexual abuse in Swiss Catholic Church since mid-20th century
    Over 1,000 cases of sexual abuse in Swiss Catholic Church since mid-20th century World
  • ISKCON Employee Flees With Temple Money, Receipt Book In UP’s Mathura
    ISKCON Employee Flees With Temple Money, Receipt Book In UP’s Mathura Nation
  • Pick And Choose Model Won’t Work In Lateral Entry, Says Ex-Law Minister Veerappa Moily
    Pick And Choose Model Won’t Work In Lateral Entry, Says Ex-Law Minister Veerappa Moily Nation
No Interim Stay On Fact-Checking Unit Under IT Rules: Bombay High Court

No Interim Stay On Fact-Checking Unit Under IT Rules: Bombay High Court

Posted on March 11, 2024 By admin


The petitioners then filed interim applications seeking a stay on notification of the FCU.

Mumbai:

The Bombay High Court on Monday refused to grant an interim stay on setting up a fact-checking unit (FCU) under the recently amended Information Technology (IT) Rules to identify fake and false content on social media against the government, noting that no grave and irreparable loss would be caused.

A single bench of Justice A S Chandurkar said no case was made out to direct the government to continue its earlier statement that it would not notify the FCU pending hearing of petitions against the IT Rules.

The order was passed on a bunch of applications filed by standup comedian Kunal Kamra and others seeking a stay on the notification of the FCU pending the final disposal of their pleas against the IT Rules.

The court said the balance of convenience tilts in favour of the government as Solicitor General Tushar Mehta has made a categorical submission that political opinions, satire and comedy are aspects not sought to be linked to the business of the Central government.

Notifying the FCU would not result in an irreversible situation as any action taken post the notification would always be subject to the final orders of this court on the validity of the IT Rules, the high court said.

“The situation, when pitted against the larger public interest, leads me to opine that grave and irreparable loss is not shown to result if the FCU is notified, warranting the passing of an interim direction of not notifying the FCU till the challenge to the Rules is finally decided,” Justice Chandurkar said.

The bench noted that the petitioners apprehend that that exchange of information in the form of political discourses or comments, political satire, and so on may be targeted if the FCU is notified.

However, the Solicitor General has said the FCU intends only to deal with government business in its strict sense, and it did not aim or attempt to prevent or muzzle political views, satire, sarcasm or political comments, it noted.

“At this prima facie stage, in my view, the stand taken by the non-applicant (Centre) allays the apprehension expressed by the applicants that under the garb of ‘Central Government business’, the FCU would prevent expression of political views or comments, sarcasm, political satire or dissent,” Justice Chandurkar said.

The pleas against the IT Rules were referred to Justice Chandurkar after a division bench of Justices Gautam Patel and Neela Gokhale delivered a split verdict in January.

While Justice Patel struck down the impugned Rules, terming them unconstitutional, Justice Gokhale upheld them and dismissed the petitions.

Justice Patel had said the Rules amount to censorship, but Justice Gokhale had opined they do not have any chilling effect on free speech.

The division bench had also differed on whether a stay should be granted on setting up the FCU pending a hearing on the pleas by the third judge.

Justice Patel had said the FCU should not be notified, and Justice Gokhale opined otherwise.

Justice Chandurkar on Monday said the interim applications would now be placed before the referral division bench of Justices Patel and Gokhale for orders on the same.

With Justice Chandurkar’s opinion, the Centre would get clearance to notify the FCU under the IT Rules.

Last year, the Centre gave an oral assurance to the court that it would not notify the FCU under the IT Rules until the final verdict was delivered on the issue.

However, after the division bench’s split verdict, Solicitor General Tushar Mehta submitted to the court that the oral assurance could be extended only until the third judge took up the matter for consideration.

The petitioners then filed interim applications seeking a stay on notification of the FCU.

On April 6, 2023, the Union government promulgated certain amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including a provision for an FCU to flag fake, false or misleading online content related to the government.

Under the IT Rules, if the FCU comes across or is informed about any posts that are fake, false, and contain misleading facts about the business of the government, it would flag off the same to social media intermediaries.

Once such a post is flagged off, the intermediary has the option of either taking down the post or putting a disclaimer on the same.

In taking the second option, the intermediary loses its safe harbour/immunity and stands liable for legal action.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

Nation Tags:Bombay High Court, fact checking unit, IT Rules

Post navigation

Previous Post: 5 Dead, 11 Injured As Truck Rams Marriage Procession In Madhya Pradesh
Next Post: Citizenship (Amendment) Act – Key Issues That Citizenship Law CAA May Solve

Related Posts

  • ‘Awful experience’, Supriya Sule says after her car dashed by another vehicle on Expressway
    ‘Awful experience’, Supriya Sule says after her car dashed by another vehicle on Expressway Nation
  • Mumbai Police To Man Pulling Off “Stunts” Across City
    Mumbai Police To Man Pulling Off “Stunts” Across City Nation
  • After Haryana Swearing-In Today, NDA’s Mega Show of Strength
    After Haryana Swearing-In Today, NDA’s Mega Show of Strength Nation
  • Airports Clearing Backlog After Global IT Chaos, Centre Shares An Update
    Airports Clearing Backlog After Global IT Chaos, Centre Shares An Update Nation
  • Omar Abdullah On Jamaat-e-Islami Fighting Polls
    Omar Abdullah On Jamaat-e-Islami Fighting Polls Nation
  • Access Denied
    Access Denied Nation

More Related Articles

Girl Found With Hands, Legs Tied In UP, Police Suspect Gang Rape Girl Found With Hands, Legs Tied In UP, Police Suspect Gang Rape Nation
Access Denied Access Denied Nation
Access Denied Access Denied Nation
Access Denied Access Denied Nation
Trainee IAS Officer’s First Chat With Media After Big Allegations Trainee IAS Officer’s First Chat With Media After Big Allegations Nation
Girl Found With Hands, Legs Tied In UP, Police Suspect Gang Rape Haryana Man Strangles Niece, 8, To Death, Buries Body 3 Km Away From Home Nation
SiteLock

Archives

  • September 2026
  • August 2026
  • July 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Israeli settler killed in West Bank, suspect arrested
  • Number of drought-hit taluks in Karnataka may cross 200
  • OFC menace persists in Bengaluru as new GBA regulations remain pending
  • Manal bounces back after failing to make it to u-19 WC team
  • Old era of jingoism, equating Nepali nationalism with anti-Indianism, is over: Nepal Finance Minister

Recent Comments

  1. Frankenrib on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. Frankenrib on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. Anthonylop on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. Anthonylop on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. TimmyMEs on UP Teacher Who Asked Students To Slap Muslim Classmate
  • Indian Cricket Team Star Says He Has Been “Humiliated, Lost Self-Respect”, Lashes Out At State Teammate
    Indian Cricket Team Star Says He Has Been “Humiliated, Lost Self-Respect”, Lashes Out At State Teammate Sports
  • Nestle CEO Mark Schneider to step down after eight years at helm
    Nestle CEO Mark Schneider to step down after eight years at helm World
  • “Hot, Hot, Hot Candidate”: Ex-Pakistan Star Picks Gautam Gambhir’s Successor As India Head Coach
    “Hot, Hot, Hot Candidate”: Ex-Pakistan Star Picks Gautam Gambhir’s Successor As India Head Coach Sports
  • Israeli Airstrike Kills 7 Palestinians In West Bank, Says Red Crescent
    Israeli Airstrike Kills 7 Palestinians In West Bank, Says Red Crescent World
  • WEF 2026: EU leaders take stage in Davos as Donald Trump rocks global order
    WEF 2026: EU leaders take stage in Davos as Donald Trump rocks global order Business
  • Gambhir evades reply on Rohit Sharma’s place in playing XI for Sydney Test
    Gambhir evades reply on Rohit Sharma’s place in playing XI for Sydney Test Sports
  • Access Denied Business
  • Iran President Masoud Pezeshkian sworn in with chants of ‘Death to America, Israel’
    Iran President Masoud Pezeshkian sworn in with chants of ‘Death to America, Israel’ World

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.