PIL Challenging DMK Govt’s “Fact-Checking Unit” Filed In Madras High Court

A public interest litigation (PIL) has been lodged in the Madras High Court, challenging the establishment of a Fact Checking Unit (FCU) by the DMK government in Tamil Nadu.

The MK Stalin led DMK government, has decided to create a Fact Checking Unit under the administrative control of Special Programme Implementation which is the portfolio of DMK scion and Minister Udhayanidhi Stalin.

This FCU is going to be headed by Iyan Karthikeyan, a Dravidian Stockist YouTuber known for peddling DMK propaganda.  As the “Mission Director” of the Fact-Checking Unit, Iyan will receive a monthly salary of ₹3 lakh.

According to a report by South First, DMK IT wing functionaries and cadres who are active on social media were being recruited for the unit.

R. Nirmal Kumar, the joint secretary of the AIADMK’s State Information Technology wing, filed the PIL, asserting that the government lacks the authority to create an FCU independent of the police department, thereby imposing unwarranted censorship on free expression.

The petitioner argues that this move constitutes a direct assault on the freedom of speech for citizens at large and is clearly an effort to suppress the voices of opposition parties. The petitioner also alleged that the government had appointed Iyan Karthikeyan, a supporter of the ruling DMK party, as its Mission Director.

The petitioner recalled a prior directive from Justice M. Dhandapani of the High Court in 2020. It instructed the Director-General of Police (DGP) to establish special cells at every police station in the state for the purpose of addressing derogatory and unsubstantiated allegations posted on social media against Constitutional functionaries and other dignitaries. This directive was explicitly aimed at the police department, in the context of a bail petition filed by A. Maruthachalam, who had been arrested for sharing a video containing defamatory allegations against a sitting judge of the Madras High Court and an advocate.

Additionally, the Nirmal Kumar highlighted the proposed formation of a fact-checking unit under the Information Technology Act, 2020 by the Central government. This decision was put on hold after a legal challenge in the Bombay High Court, which is currently deliberating on the matter.

The petitioner has urged the court to declare the Government Order issued by the Tamil Development and Information department on October 6, 2023, unconstitutional. Furthermore, they are requesting an interim injunction to prevent the Mission Director from continuing in his role.

You can read more about the problems associated with the FCU in this article – Why The DMK Govt’s Fact-Checking Unit Is Undemocratic And How It Has Possibly Flouted Rules

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