Amended IT rules not meant to curb free speech, criticism: Centre to HC

Solicitor general Tushar Mehta on Tuesday assured the Bombay high court that the new information technology rules, which empower the Central government to set up a fact-checking unit to filter social media platforms for fake news or misleading information, were not meant to curb free speech, criticism, humour or satire targeting even the prime minister. The petitioners have claimed that the amended IT Rules cast an obligation upon intermediaries to make “reasonable efforts to cause users to not publish, display, upload or share information in respect of business of the Central government that is identified as fake, false or misleading by such an FCO as the ministry may specify”. “This provision, therefore, makes the government the sole gatekeeper of the marketplace of ideas and constitutes a clear breach of Article 19.” Responding to these contentions, Mehta said the objective was not to curb free speech, opinion, criticism or satire against the government or even the prime minister but to create a balancing mechanism to tackle a medium that was “uncontrollable and uncontrolled”. It does include opinion, criticism and parody.” Mehta said the term data, as used in the rules, only included fake and false facts and the high court may record his statement.