This is the third in a series of articles. Read the first and second parts. “Not a single proportionality test is satisfied [by the proposed amendment]. Can you say it's a state aim to ensure that there is filtering of information?” asked Senior Advocate Arvind Datar while challenging the constitutionality of the Indian government’s plan to give a government-appointed unit power to fact-check government-related information online. Across three days last week, multiple parties challenging the law before the Bombay High Court argued that it arbitrarily stifles free speech rights online, held under Article 19(1)(a), at the cost of keeping Indian citizens informed and engaged on dissenting views. The government has since promised to stay the law’s notification until July 28th. Appearing for one of the challengers—the News Broadcast and Digital Association—Datar continued, “can any democracy say that it is a legitimate state aim that they will decide what the people should know as far as the business of the government is concerned? What is the rational connection [between the amendment and the objective it seeks to achieve]?” The proportionality test devised by the Supreme Court in its verdict affirming privacy as a fundamental right evaluates the legitimacy of government infringements on fundamental rights. They should: Be sanctioned by law; Be necessary in a democratic society, and for a legitimate aim; Be proportionate to the need to infringe on the right; Have procedural guarantees protecting against abuse of the infringement; Have sufficient safeguards protecting against state abuse of the infringement, with this…
- RBI increases UPI and recurring transaction limits for certain categories December 8, 2023
- The Quantum Hub discusses concerns on age verification and children’s data processing under India’s data protection law December 8, 2023
- India’s central bank to set up cloud facility for financial sector December 8, 2023
- Navigating the Complexities of Open Source AI: Insights from Carnegie India Summit December 8, 2023
- Supreme Court Dismisses Plea by Foundation for Media Professionals on Internet Shutdowns December 8, 2023
MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.
Factors like Indus not charging developers any commission for in-app payments and antitrust orders issued by India's competition regulator against Google could contribute to...
Is open-sourcing of AI, and the use cases that come with it, a good starting point to discuss the responsibility and liability of AI?...
RBI Deputy Governor Rabi Shankar called for self-regulation in the fintech sector, but here's why we disagree with his stance.
Straw man fallacy: IT Ministers’ defence of government exemptions in data protection law misses the point
Both the IT Minister and the IT Minister of State have chosen to avoid the actual concerns raised, and have instead defended against lesser...
The Central Board of Film Certification found power outside the Cinematograph Act and came to be known as the Censor Board. Are OTT self-regulating...
Please subscribe to MediaNama. Don't share prints and PDFs.
You May Also Like
Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...
135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...
Twitter takes down tweets from MP, MLA, editor criticising handling of pandemic upon government request
By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...