Daily Current Affairs : 23-September-2024
In a massive judgment, the Bombay High Court struck down the amended Information Technology (IT) Rules, 2023, which had allowed the authorities to set up a “fact-check unit” to pick out “fake news” about the government. This ruling has sparked vital debates on free speech, media independence, and the balance between government regulation and individual rights.
Why the IT Rules Were Challenged
The new IT Rules, introduced by the Indian government in 2023, were designed to give the authorities the power to flag and remove content that it deemed as “fake, false, or misleading.” The concept behind these rules was to reduce the spread of misinformation online, especially concerning government policies or actions.
However, the rules faced criticism from various groups who believed they violated fundamental rights. Key concerns included:
- Vagueness of Terms: The terms “fake, false, and misleading” were seen as too vague and open to interpretation. This could potentially lead to arbitrary action and censorship of legitimate content.
- Impact on Free Speech: Critics argued that the rules threatened the right to free speech by allowing the government to control what information could be shared online, particularly when it came to criticism of government actions.
- Unfair Power Dynamics: Some pointed out that the rules gave excessive power to the government, undermining the independence of media and digital platforms.
The Court’s Ruling
The Bombay High Court ruled that these IT rules were unconstitutional. It specifically highlighted that the rules violated the rights to equality and free speech guaranteed under the Indian Constitution. The court also criticized the vague language of the rules and noted that the state was not obligated to only provide “verified” information.
Additionally, the court ruled that the measures failed the proportionality test, which assesses whether laws are appropriate, necessary, and balanced in relation to the rights they affect.
Significance of the Decision
This ruling has been widely welcomed by digital rights activists, independent journalists, and media organizations. They emphasize that a free and independent press, along with the ability for citizens to express their views online, is critical for a healthy democracy. The judgment reaffirms the importance of protecting free speech and ensures that the government cannot overstep in controlling information on the internet.
Important Points:
- Bombay High Court Ruling: The court struck down the amended IT Rules, 2023, which allowed the government to establish a “fact-check unit” to identify “fake news” about the government.
- Violation of Constitutional Rights: The court ruled that the IT Rules violated the constitutional rights to equality and free speech.
- Vague Terminology: The terms “fake, false, and misleading” were deemed too vague, which could lead to arbitrary censorship.
- Proportionality Test: The rules failed the proportionality test, meaning they were not deemed appropriate, necessary, or balanced against the rights they affected.
- Concerns Over Free Speech: Critics argued the rules threatened free speech by giving the government control over online information, especially critical content.
- Power Imbalance: The rules were criticized for granting excessive power to the government, undermining the independence of media and digital platforms.
- Welcoming the Judgment: Digital rights activists, independent journalists, and media groups celebrated the ruling, emphasizing the need for a free and independent press.
- Key Principle Upheld: The judgment reaffirmed the importance of protecting free speech and ensured that the government cannot restrict information in ways that undermine democratic values.
Why In News
The Bombay High Court has struck down the amended IT Rules, 2023, which allowed the Centre to establish a fact-check unit with the power to identify and remove “fake news” about the government, ruling that the rules violated fundamental rights and lacked clarity.
MCQs about Bombay High Court Strikes Down Controversial IT Rules, 2023
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What was the primary reason the Bombay High Court struck down the amended IT Rules, 2023?
A. The rules were too specific and detailed
B. The rules violated constitutional rights to equality and free speech
C. The rules were not effective in combating fake news
D. The government did not follow proper procedures to implement the rules
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Which of the following terms in the IT Rules, 2023 was criticized by the court as being too vague?
A. Verified information
B. Fake, false, and misleading
C. Proportionality
D. Government policies
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What test did the court apply to evaluate the amended IT Rules, 2023?
A. Fairness test
B. Proportionality test
C. Legality test
D. Transparency test
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How did digital rights activists and media groups respond to the court’s decision?
A. They criticized the ruling, arguing it would promote misinformation
B. They celebrated the ruling as a victory for free speech and media independence
C. They expressed concerns that the ruling would limit government control over misinformation
D. They remained neutral on the decision
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