The Bombay High Court has asked Solicitor General Tushar Mehta to reconsider the Centre's stance that social media platforms can choose to ignore FCU notifications.
During the hearing, Mehta had argued that when the FCU notifies a social media intermediary about 'fake or false content,' the intermediary is not obligated to immediately remove or delete the content.
Instead, it can choose to address the matter in a judicial court, and such a choice does not automatically result in the loss of safe harbour protection.
At the conclusion of the hearing, the judges raised questions about the necessity of the FCU if it does not impose obligations on those sharing flagged content.
They pointed out that the Press Information Bureau's fact-check unit continues to operate, unless the new amendment intends to enforce stricter compliance.
The Bombay High Court has asked the solicitor general to consult government officers on the stand of the fact check unit (FCU) rule.
A bench comprising Justices Gautam Patel and Neela Gokhale was hearing the petitions challenging the constitutionality of the rule that permits the government to establish an FCU.
This FCU is part of the Intermediary Guidelines and Digital Media Ethics Code, which were amended in April under the Information Technology (IT) Act.
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