“Fact Check Unit” (FCU), introduced under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, was recently came into question by the Bombay High Court.
- This amendment introduces the concept of a “Fact Check Unit” (FCU) empowered by the Union Government to identify and demand the removal of “fake or false or misleading” online content related to the business of the Central Government.
About Fact Check Unit (FCU):
- The IT rules grant authority to a “fact check unit of the Central Government” to label internet content concerning “any business of the Central Government” as “fake, false or misleading” and mandate its removal from the internet.
- The FCU can scrutinize news reports, online comments, and opinions about government officials and ministries.
- Intermediaries, including social media companies or internet service providers, must take action against content identified by the fact-check unit.
- Failure to do so may result in the loss of their “safe harbour” protections provided under Section 79 of the IT Act, shielding them from liabilities for third-party content on their platforms.
Ref: Source
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