“Once the government fact-checking unit classifies something as fake, false or misleading, the intermediary then must take a call to take it down or [keep it up and] have a disclaimer. If it does not take it down, it risks a safe harbour loss and court proceedings,” argued Advocate Gautam Bhatia yesterday, while appearing in the Association of Indian Magazines’ Bombay High Court challenge against the government’s plans to give a state-appointed unit powers to flag government-related information online as fake, false, or misleading. “In effect, this is a complete answer to this case, because the impugned [fact check] amendment does precisely what [the Supreme Court’s judgment in] Shreya Singhal said it could not do, which is, make the intermediary judge whether or not a content should be taken down or not, if it breaches the law or not,” Bhatia observed. The fact check amendment was introduced this year to India’s platform regulation rules, the IT Rules, 2021. Multiple petitioners challenging its constitutionality allege that intermediaries, or platforms, will lose safe harbour or protection from liability for third-party content for failing to take down the flagged ‘fake, false or misleading’ information. Safe harbour is held under Section 79 of the IT Act, 2000. Petitioners add that the provision may stifle free speech online by arbitrarily flagging government-related content as ‘fake, false, or misleading’. The government has since promised to stay the law’s notification until October 3rd. “Safe harbour, as a principle, arose for two reasons,” said Bhatia, furthering his argument. “One, of…
- 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...