This week in Indian law: The Supreme Court commenced its summer vacation, with only limited bench hearings for urgent matters. The MeitY IT Rules 2023 amendment empowering a government-designated fact-check unit to identify 'fake or misleading' online content about the government continued to draw criticism from civil liberties organisations. 1 significant legal development this week in technology-law.
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MeitY IT Rules 2023 Amendment: Government Fact-Check Unit Powers
Category: technology-law | Date: 6 June 2023 | Source: Ministry of Electronics and Information Technology
The April 2023 amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 empowering a government-designated Fact Check Unit (FCU) to identify online content as 'fake or misleading' with respect to the business of the Central Government continued to generate significant legal debate. Under the amendment, online intermediaries must take down content identified by the FCU or risk losing their safe harbour protection under Section 79 of the IT Act. Critics argue the provision amounts to government censorship and violates Article 19(1)(a) guarantees of free speech. The Bombay High Court had stayed the provision pending a constitutional challenge.
Why it matters: The IT Rules FCU amendment represents a fundamental shift in India's intermediary liability framework, potentially empowering the government to compel takedown of any online content it deems unfavourable. Constitutional challenges are pending before multiple High Courts.
Read more: Veritect analysis
Also this week
- SC summer vacation — Supreme Court closed for summer recess. Limited bench hearings available for urgent matters only.
- No major regulatory developments — Routine operations at RBI and SEBI; MPC meeting scheduled for next week.
- Manipur situation — Violence continues; internet shutdown extended; SC vacation bench monitoring.
Looking ahead
- June 8: RBI MPC meeting — second consecutive repo rate pause expected at 6.5%.
- June 7: IBBI discussion paper on CIRP amendments expected.
- June 15-20: SEBI expected to issue ESG mutual fund regulation amendments.
- July: SC resumes from summer vacation; Parliament Monsoon session begins.
This is the Veritect Weekly Legal Roundup for Week 22 of 2023. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.