The Bombay High Court reportedly expressed concerns about the recent amendments to the Information Technology (IT) Rules, 2021, aimed at combatting fake news on social media. The court, comprising Justices Gautam Patel and Neela Gokhale, stated that it fails to grasp the necessity of these amendments, according to news agency PTI.

Petitions Challenging Amendments Raise Constitutional Concerns

The bench heard multiple petitions challenging the amendments. It includs those filed by stand-up comedian Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines. They argued that the rules were arbitrary and unconstitutional, potentially impeding citizens’ fundamental rights.

Court Highlights Accountability and Need for Fact-Checking

The court raised questions about the accountability of the proposed Fact Checking Unit (FCU). And a the determination of what qualifies as fake or misleading content. Justice Patel emphasized the need for a critical examination of the fact-checking process. And questioned the underlying concerns that necessitated the amendments.

Government’s Stance and Court’s Scrutiny

Advocate Gautam Bhatia, representing the Association of Indian Magazines, proposed that there are less restrictive alternatives available to address the issue of fake content on social media. The court acknowledged the importance of fact-checking but expressed reservations about the excessive nature of the amendments. The bench questioned the government’s motives behind the amendments. The bench also stated, “Using a hammer to address a minor issue should be avoided.”

Although the Centre maintains its stance that the fact-checking unit is necessary to counter false information, the court’s scrutiny continues.The court previously stated that it would strike down a law if it deems it unconstitutional, regardless of the intentions behind its creation. The debate between the government’s objective and the potential infringement on citizens’ rights remains unresolved.

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