The absence of procedural safeguards make the Union “a judge in its own cause”. In this context, discuss the provisions of the recently amended IT rules. What made Supreme Court declare the fact checking unit as unconstitutional?
Kartavya Desk Staff
Topic: Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation
Topic: Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation
Q3. The absence of procedural safeguards make the Union “a judge in its own cause”. In this context, discuss the provisions of the recently amended IT rules. What made Supreme Court declare the fact checking unit as unconstitutional? (150 words)
Difficulty level: Moderate
- •Reference: Live Law*
Why the question: The Bombay High Court (HC) struck down a key provision of the amended Information Technology (IT) Rules 2021 (under IT Act of 2000), as unconstitutional. Key Demand of the Question: Discuss the provisions of the recently amended IT rules and explain why the Supreme Court declared the fact-checking unit unconstitutional. Structure of the Answer: Introduction: Briefly introduce the context of the amended IT Rules 2021, focusing on the establishment of a fact-checking unit to regulate online content. Body: First part: Provisions of the Amended IT Rules: Fact-Checking Unit, Content Moderation, Increased Government Control Second part: Why the Supreme Court Declared it Unconstitutional: Violation of Article 19(1)(a), Absence of Procedural Safeguards, Government as “Judge in its Own Cause” Conclusion: The fact-checking unit’s excessive control over online content without adequate checks and balances raised concerns over press freedom and led to its judicial invalidation.
Why the question:
The Bombay High Court (HC) struck down a key provision of the amended Information Technology (IT) Rules 2021 (under IT Act of 2000), as unconstitutional.
Key Demand of the Question:
Discuss the provisions of the recently amended IT rules and explain why the Supreme Court declared the fact-checking unit unconstitutional.
Structure of the Answer:
Introduction:
Briefly introduce the context of the amended IT Rules 2021, focusing on the establishment of a fact-checking unit to regulate online content.
Body:
First part: Provisions of the Amended IT Rules:
Fact-Checking Unit, Content Moderation, Increased Government Control
Second part: Why the Supreme Court Declared it Unconstitutional:
Violation of Article 19(1)(a), Absence of Procedural Safeguards, Government as “Judge in its Own Cause”
Conclusion:
The fact-checking unit’s excessive control over online content without adequate checks and balances raised concerns over press freedom and led to its judicial invalidation.