| FCU and Section 79 In April 2023, the Ministry of Electronics and IT (MeitY) introduced the FCU through amendments to the IT Rules, 2021. The rules allowed the government-appointed FCU to compel platforms like Facebook, X (formerly Twitter), and YouTube to remove flagged content or risk losing their legal protection under Section 79 of the IT Act. Section 79: An intermediary shall not be liable for any third-party information, data, or communication link made hosted by him. |
- The Bombay High Court ruled against the amended Information Technology Rules, 2023, which empowered the Centre to establish a fact-check unit (FCU) to identify fake, false, and misleading information about the government on social media.
- The amended IT Rules, 2023, were struck down for violating constitutional rights under Article 14 (equality), Article 19 (freedom of speech and expression), and Article 19(1)(g) (freedom of profession).
- The expression “fake, false, and misleading” in the Rules was deemed vague, as it lacked a clear definition.
- The court noted that the Rules could have a “chilling effect” on intermediaries such as social media platforms.
- The High Court declared the amended rules unconstitutional, highlighting the importance of maintaining freedom of speech and protecting intermediaries from excessive government control.
Dig Deeper: Read about the earlier struck provision of the Information Technology Act and the Supreme Court judgement associated with it,
