Is it permissible for the central government to have unlimited power in determining what qualifies as fake, false, misleading? The Bombay High Court raised this question during a hearing on Friday, regarding a new rule establishing a fact-checking unit (FCU). The court is currently considering a petition challenging the constitutionality of this rule, which allows the government to combat fake, false, and misleading content online, specifically related to the “business of the central government.”
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“We are concerned about the authority and wording of the rule, and we want to understand its limits and boundaries,” stated the Bombay High Court.
Justice Gautam Patel further highlighted the problematic nature of the term ‘fake,’ suggesting that ‘false’ may have a clearer definition, as something can be proven false. On the other hand, ‘misleading’ presents a more complex issue, as it can be subjective and open to interpretation, potentially encompassing opinions.
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