The center defends the IT rules change in Delhi HC, saying that fake news has led to rumors and innocent deaths
Updated: 08/31/2021 10:08 PM IS
New Delhi [India]Aug. 31 (ANI): The Center alleged in the Delhi Supreme Court on Tuesday that the recent aftermath of fake and misleading audiovisual messages in digital media has led to the deaths of innocent people under false pretenses, such as: For example, in the case of rumors of child booby, asking them to dismiss claims that challenge recently amended IT rules (The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021).
Center alleged in its affidavit filed with the Delhi High Court that
The Written Petitions Contesting Maintainability of IT Rules, 2021 under IT Law, 2000 and Article 19 of the Constitution of India are misleading and not based on fact, so it is prayed that the court will review the Writ . happy to reject petition.
However, the Center clarified that providing instructions to the publisher to delete / change the content is in the interests of transparency and allows publishers to challenge such orders in court, thereby serving as a further safeguard in the interests of freedom of expression. With respect to news and breaking news content, as well as curated online content, it is possible that instead of all of the content, some of the content may violate the Code of Ethics, since in such cases, in the event of breaking news, unintended errors may occur and therefore the Center has in such a report Cases alleged that blocking all of the content may seem like an extreme measure and deleting or changing part of it is relatively more reasonable.
“The fact that Part III of the Information Technology Rules (Intermediary Guidelines and Code of Ethics for Digital Media) falls within the legislative competence of the Ministry of Electronics and Information Technology in 2021 to enact the subsidiary legislation does not violate any of the fundamental rights guaranteed by the Constitution of India no provision of the Constitution of India, complies with or violates any provision of the law, does not violate any other laws of parliament, provides adequate safeguards for publishers to be appropriate, and is limited to the goals that legislators seek to achieve with the information technology act “reads the center’s affidavit submitted by attorney Kirtiman Singh.
The affidavit also emphasized the impact of news content on the minds of viewers compared to fictional content from films.
Center said the news content is about presenting real-world instances that can be more intimately related by the audience.
“The persuasiveness of content in the form of news is many times higher than that of a feature film. Therefore, even more care may be required when dealing with the sensitive message content, ”said the affidavit.
“The aftermath of fake and misleading audiovisual messages on digital media has recently resulted in innocent deaths under false pretenses, such as child theft rumors, the loss of innocent migrant workers during the pandemic induced lockdown, danger of social unrest and community tension in society through sensational reporting by religious communities in the context of the pandemic, etc. ”, it says in the affidavit.
As a result, the government argued that standards for testing audiovisual news content for the test of freedom of expression and expression may differ from those for other forms of freedom of expression. The rules only authorize the public to bring the editors to the attention of the publisher of such content that could violate the code of ethics. Even in such situations, follow-up measures are only possible for compelling reasons and in accordance with the established procedure.
Therefore, the Center argued that under the Cable TV Networks Act, the programming code was specific enough to pass the adequacy test.
In the defending amendment, the government stated that IT rules are designed to prevent abuse of press freedom by providing a mechanism for audiences to resolve their complaints regarding the content published by digital news publishers through a redress mechanism Filing complaints has an emphasis on the self-regulatory architecture for digital news publishers.
The center clarified that the IT rules 2021 do not contain any provision for the government or any other agency to monitor the content of digital media publishers.
The institutional framework created by Part III deals with publicly published content and therefore the question of monitoring does not arise. In that regard, there is no government of the day control over the content published by the news media, the government said.
The government made it clear that, in the spirit of the Supreme Court’s recommendation and taking into account the uniqueness of digital media, IT rules establish a formal mechanism for redress in relation to content published in digital media and the application of similar norms to digital messages neither publishers nor the publishers Freedom of opinion and expression of the publishers nor the right of the public to notice is impaired.
The Delhi High Court is dealing with various petitions on multiple digital messaging platforms including Quint, The Wire and others contesting the newly enforced IT rules in 2021.
The petition from the news portal The Wire had challenged the information technology guidelines (guidelines for intermediaries and code of ethics for digital media) 2021 communicated by the central government.
The newly notified rules regulate the functioning of online media portals and publishers, over-the-top platforms (OTT platforms) and social media brokers. The plea was moved by the Foundation of Independent Journalism. The Foundation for Independent Journalism is an organization that publishes The Wires, a digital news website. (ANI)