Relevance: GS II (Polity & Governance) | Source: The Indian Express/ The Hindu
1. What is the News?
- The government told X Instagram to take down critical, satirical posts on PM, UGC equity regulations and on other key government figures.
- The SC Appeal: The Supreme Court is currently deciding if the Central Government has the legal power to form a Fact Check Unit (FCU).
- The Background: This follows a Bombay High Court decision that cancelled these powers, calling them “unconstitutional.”
2. What was the Government’s Plan?
- Targeting ‘Fake News’: Under the Information Technology Rules (2023), the government wanted to set up a special unit. Its job was to identify and flag any online information about the “business of the Centre” that it considered “fake, false, or misleading.”
- The Power to Remove: If the unit flagged something, social media platforms (like X or Facebook) would have to take it down or risk losing their legal protection.
3. Why did the High Court Object?
- Freedom of Speech (Article 19): The Court felt that if the government becomes the only judge of what is “true” about its own work, it could be used to silence critics and journalists.
- The ‘Vagueness’ Problem: Terms like “misleading” are not clearly defined. In law, when a rule is vague, it creates a “chilling effect”—people stop speaking or writing freely because they are afraid of making a mistake and being punished.
4. Key Takeaway
- The Balance: The Supreme Court is now looking for a “middle path.” The goal is to stop real misinformation without destroying the individual’s Fundamental Right to criticize the government.
UPSC Value Box
| Key Term / Case | Simple Meaning |
| Article 19(1)(a) | The Fundamental Right to Freedom of Speech. It allows citizens to express opinions and criticize the government, subject to “reasonable restrictions.” |
| Shreya Singhal Case (2015) | A landmark SC judgment. It taught us that “vague” laws about the internet are illegal because they unfairly restrict free speech. |
| Chilling Effect | A situation where people are too scared to exercise their rights (like speaking out) because a law is unclear or the punishment is too harsh. |
With reference to Information Technology (IT) Rules and the Constitution, consider the following statements:
- The Freedom of Speech and Expression under Article 19(1)(a) can be restricted by the government on the grounds of “reasonable restrictions” mentioned in the Constitution.
- In the Shreya Singhal case (2015), the Supreme Court upheld the validity of vague laws that restrict online speech to prevent misinformation.
- The proposed Fact Check Unit (FCU) was intended to identify misleading information specifically related to the “business of the Central Government.”
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
Correct Answer: (b)
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