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MUMBAI: While information leads to an informed decision, misinformation leads to a misinformed decision which, in turn, invariably perpetrates chaos in the society, said the central government in a fresh, detailed affidavit before the Bombay high court against comedianKunal Kamra’s constitutional challenge to the new information technology rule that enables Centre to set up a Fact Check Unit (FCU).
The Centre, which had earlier informed the HC that the FCU will not be set up till July 5, said the objective of the body is to weed out fake content about the Centre.
Political satire, even if they are critical of government, are not banned until based on completely untrue facts, said the Centre’s reply filed by V Chinnasamy, a scientist in the ministry of electronics and information technology (MEiTy), which had in April amended the rules to bring in the FCU provision. The reply, drafted by Centre’s advocate Rajat Nair, said Kamra’s petition is an “abuse” of law and the standup comedian has “no locus”(right) to maintain such challenge based on surmises and a prior perception of “completely vague and conjectural…and imaginary consequences”. The Centre stressed that it was incumbent on the state to undertake measures to preserve public order and safeguard national security and integrity, and hence the need to curb the spread of fake news.
Kamra said the new rule would have a chilling effect on freedom of speech even in the absence of a FCU.
The Centre’s reply said “no directions to any intermediary have been given… to remove any information under the rule,” and added that “contrary to Kamra’s assertions”, the rule does not give power to the FCU to direct the removal of any information available on the intermediary platform. Further, it said that “in addition to the existing obligation to make reasonable efforts to cause the user of its computer resource to not host, display, upload, modify, publish, transmit, store, update or share any information that deceives or misleads the addressee. . . ,efforts shall also be made in respect of information which is identified as fake by such FCU. . . ”
The Centre, which had earlier informed the HC that the FCU will not be set up till July 5, said the objective of the body is to weed out fake content about the Centre.
Political satire, even if they are critical of government, are not banned until based on completely untrue facts, said the Centre’s reply filed by V Chinnasamy, a scientist in the ministry of electronics and information technology (MEiTy), which had in April amended the rules to bring in the FCU provision. The reply, drafted by Centre’s advocate Rajat Nair, said Kamra’s petition is an “abuse” of law and the standup comedian has “no locus”(right) to maintain such challenge based on surmises and a prior perception of “completely vague and conjectural…and imaginary consequences”. The Centre stressed that it was incumbent on the state to undertake measures to preserve public order and safeguard national security and integrity, and hence the need to curb the spread of fake news.
Kamra said the new rule would have a chilling effect on freedom of speech even in the absence of a FCU.
The Centre’s reply said “no directions to any intermediary have been given… to remove any information under the rule,” and added that “contrary to Kamra’s assertions”, the rule does not give power to the FCU to direct the removal of any information available on the intermediary platform. Further, it said that “in addition to the existing obligation to make reasonable efforts to cause the user of its computer resource to not host, display, upload, modify, publish, transmit, store, update or share any information that deceives or misleads the addressee. . . ,efforts shall also be made in respect of information which is identified as fake by such FCU. . . ”
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