wordpress blog stats
Connect with us

Hi, what are you looking for?

Govt’s Fact-Check Amendment Disproportionately Infringes on Free Speech Online, Lawyers Inform Bombay HC

“You have a two-tier mechanism to ensure that even the central government’s interests are not prejudiced…Now they [the govt] must explain on proportionality, why that is not enough,” Senior Advocate Arvind Datar remarked.

This is the third in a series of articles. Read the first and second parts. “Not a single proportionality test is satisfied [by the proposed amendment]. Can you say it's a state aim to ensure that there is filtering of information?” asked Senior Advocate Arvind Datar while challenging the constitutionality of the Indian government’s plan to give a government-appointed unit power to fact-check government-related information online.  Across three days last week, multiple parties challenging the law before the Bombay High Court argued that it arbitrarily stifles free speech rights online, held under Article 19(1)(a), at the cost of keeping Indian citizens informed and engaged on dissenting views. The government has since promised to stay the law’s notification until July 28th.  Appearing for one of the challengers—the News Broadcast and Digital Association—Datar continued, “can any democracy say that it is a legitimate state aim that they will decide what the people should know as far as the business of the government is concerned? What is the rational connection [between the amendment and the objective it seeks to achieve]?” The proportionality test devised by the Supreme Court in its verdict affirming privacy as a fundamental right evaluates the legitimacy of government infringements on fundamental rights. They should: Be sanctioned by law; Be necessary in a democratic society, and for a legitimate aim; Be proportionate to the need to infringe on the right;  Have procedural guarantees protecting against abuse of the infringement; Have sufficient safeguards protecting against state abuse of the infringement, with this…

Please subscribe/login to read the full story.
Written By

I'm interested in stories that explore how countries use the law to govern technology—and what this tells us about how they perceive tech and its impacts on society. To chat, for feedback, or to leave a tip: aarathi@medianama.com

Click to comment

You must be logged in to post a comment Login

Leave a Reply

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.



The Central Board of Film Certification found power outside the Cinematograph Act and came to be known as the Censor Board. Are OTT self-regulating...


Jio is engaging in many of the above practices that CCI has forbidden Google from engaging in.


Is it safe to consider all "publicly available data" as public?


PhonePe launched an e-commerce buyer app for ONDC called Pincode. We, however, believe that it should also launch a seller app.


Amazon announced that it will integrate its logistics network and SmartCommerce services with the Open Network for Digital Commerce (ONDC).

You May Also Like


Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...


135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...


By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...


Rajesh Kumar* doesn’t have many enemies in life. But, Uber, for which he drives a cab everyday, is starting to look like one, he...

MediaNama is the premier source of information and analysis on Technology Policy in India. More about MediaNama, and contact information, here.

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ

Subscribe to our daily newsletter
Your email address:*
Please enter all required fields Click to hide
Correct invalid entries Click to hide

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ