Final call to take down content left to intermediaries: Govt submission to Bombay HC

economictimes.indiatimes.com:

fact check unit proposed to be set up by the government will focus on patently false government-related content, and that its role is only to flag and present views on misinformation, leaving the final call to (take down content to) intermediaries.

There will also be a provision of internal redressal mechanism in place and the courts can step in if issues remain unresolved, the government said in its submission.

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It was also submitted that the new rules aim to combat false news on anonymous platforms without penalising humour or criticism of the government. The definition of information is limited to facts that can be true or false, the government has said.

The Solicitor General of India Tushar Mehta made submissions on behalf of the Ministry of Electronics and Information Technology (MeitY) before the Bombay High Court in a challenge to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Amendment Rules, 2023) on September 26 and 27.

These rules permit a fact check unit of the Union Government to identify fake, false, or misleading online content related to the business of the Central Government and demand its removal from the internet.

The fact check unit to be constituted under the IT Amendment Rules, 2023 will be the deciding authority for what information is false or true or accordingly, what information