On Monday (20 November 2023), the Madras High Court opted to await the Bombay High Court’s decision in a case filed by satirist Kunal Kamra challenging the Centre’s establishment of a Fact Check Unit (FCU) before making a decision in a case against the FCU set up by the DMK government in Tamil Nadu.
Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy adjourned a public interest litigation petition against the State government’s FCU until 6 December 2023, as senior counsel Vijay Narayan indicated that the Bombay High Court was expected to deliver its verdict on 1 December 2023.
The PIL, filed by AIADMK’s IT wing office-bearer R. Nirmal Kumar, was represented by Mr. Narayan, assisted by K. Gowtham Kumar. They argued that although the government had initially stated in the Assembly its intention to establish a social media cell in the Directorate of Information and Public Relations (DIPR), it had instead formed an FCU. According to Mr. Narayan, the creation of an FCU falls under the jurisdiction of the Centre as per the Information Technology Act and related statutory rules. He pointed out that even the Centre’s authority had been challenged in the Supreme Court and the Bombay High Court.
Questioning about the necessity of establishing an FCU, Mr. Narayan expressed concern that the FCU might transform into a tool for government censorship, particularly regarding criticism of government activities. He argued that the FCU’s ability to refer matters it deems fake news to the police could potentially be misused, leading to a chilling effect on free speech.
“The police will have little choice but to act when the FCU refers certain matters that it concludes to be fake news. This will be a very dangerous tool in the hands of the government to completely terrorise people. This is something which will have a chilling effect on free speech,” Mr. Narayan argued.
Mr. Narayan informed the court that the State government had filled 80 posts in the FCU and appointed a Mission Director without publicizing the recruitment process. However, senior counsel P.S. Raman and Additional Advocate-General J. Ravindran countered that only eight posts had been filled so far.
They explained to the Division Bench that the FCU was essential due to recent incidents of false information, such as fake news about mass killings of Biharis in Tamil Nadu, being widely circulated on social media. The judges decided to hear further arguments on 6 December 2023.
(With inputs from The Hindu)
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