The Bombay high court dismisses the ministry of truth

Jain, Anmol (2024) The Bombay high court dismisses the ministry of truth. Verfassungsblog.

[thumbnail of verfassungsblog.de-The Bombay High Court Dismisses the Ministry of Truth.pdf] Text
verfassungsblog.de-The Bombay High Court Dismisses the Ministry of Truth.pdf - Published Version
Available under License Creative Commons Attribution Share Alike.

Download (202kB)

Abstract

In 2023, the Indian central government amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 [“the IT Rules 2021”] to establish a Fact Check Unit [“FCU”]. The FCU was tasked to monitor online content related to ‘any business of the Central Government’ and order the takedown of any information that it considered ‘fake or false or misleading.’1) The FCU itself was envisaged as a public body and a part of the central government. If intermediaries failed to comply with the FCU’s orders, the amendment established liability for intermediaries for the content posted on their platform by third-party users. This is a crucial departure from otherwise existing liability shields for online platforms. Typically, those liability rules tie liability only to speech – but not the intermediation of speech. Simply put, platforms like Facebook or Twitter are, as a matter of widely shared principle, not liable for the speech of their users. As it seems, the Indian central government wanted to depart from that principle for content concerning, or, practically speaking, criticizing the Indian State. As the FCU would be the last arbiter of what could be said online in India about the central government, the amendment instituted what could be called a ‘Ministry of Truth’.

Item Type: Article in News Papers and Magazine
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 08 Jan 2025 06:28
Last Modified: 08 Jan 2025 06:28
Official URL: https://doi.org/10.59704/a561364a8208abeb
URI: https://pure.jgu.edu.in/id/eprint/8968

Downloads

Downloads per month over past year

Actions (login required)

View Item
View Item