Hindi English Translation || Editorial || Unwarranted curbs: On the Centre’s move on a ‘fact-checking unit’

Unwarranted curbs: On the Centre’s move on a ‘fact-checking unit’

Fact-checking cannot be an excuse (बहाना, कारण, आधार) to impose censorship

The Centre’s move (कदम, कार्यवाही) to create a ‘fact-checking unit’ empowered (सशक्त बनाना) to order the removal of ‘fake or false or misleading (भ्रामक, गुमराह करने वाला)’ information from digital and social media platforms was never likely (संभावित) to succeed. Justice A.S. Chandurkar of the Bombay High Court struck down the amended rule, in a tie-breaking (निर्णायक) ruling (judgment, pronouncement, adjudication, verdict) after a two-judge Bench (न्यायालय, न्यायाधीशों का समूह), in January, was split over (divide into two or more groups/parts; disagree with someone or something) its constitutional validity (संवैधानिक वैधता). In an opinion that makes it a 2:1 decision, he agreed with the view of Justice G.S. Patel, who had held that the provision (प्रावधान) violated (उल्लंघन करना) the right to freedom of expression (अभिव्यक्ति की स्वतंत्रता) and sought to coercively (बलपूर्वक) classify (वर्गीकृत करना, श्रेणीबद्ध करना) speech as true or false based on vague (imprecise, inexact, unclear/uncertain) and undefined (unspecified, unexplained, unclear, imprecise, inexact, indistinct) terms. The rule, introduced as an amendment in 2023 to the rules governing information technology intermediaries and digital media ethics, meant that once the fact-checking unit flagged (indicate, point out, identify; draw attention to something) a piece of information on a social media platform as fake, false or misleading, the platform was bound to (compelled, duty-bound, constrained, obligated, obliged) take it down. Failure to do so would result in (cause, lead to, bring about, give rise to) its losing its ‘safe harbour (a place of safety; something that provides safety/protection; a regulatory provision that provides protection/safety. (The Indian government is reconsidering a key aspect of cyberspace — ‘safe harbour’, which is the principle that so-called ‘intermediaries’ on the internet are not responsible for what third parties post on their website. This is the principle that allows social media platforms to avoid liability for posts made by users))’ protection, or exemption (special treatment, privilege, favouritism; immunity, exclusion, exception, indemnity, freedom) from legal action for third party content hosted (store (on a website)) on a platform. Editors and publishers rightly saw the creation of a fact-checking unit in the Press Information Bureau (The Press Information Bureau (PIB) is the nodal agency of the Government of India to disseminate information to the print and electronic media on government policies, programmes, initiatives and achievements. It functions as an interface between the Government and the media and also serves to provide feedback to the Government on people’s reaction as reflected in the media) as a mechanism (approach, medium, vehicle, instrument, apparatus) by which the Centre could censor (cut, delete, retard, unpublish; examine/inspect) anything that it disputes (disagree, have a disagreement). Political satirists (a writer who uses satire (humour/mockery) while criticizing something/someone) will be forced into self-censorship (self-control, self-discipline, self-restraint), argued comedian Kunal Kamra. The government contended (claim, assert, argue, state) that recklessly (unthinkingly, mindlessly, foolishly, carelessly, rashly) published material that was contrary (in opposition to, against, incompatible with, in conflict with, not in accord with) to truth cannot have constitutional protection and that aggrieved (disgruntled, dissatisfied, unhappy, upset, annoyed, disappointed) platforms were free to approach the courts for remedy (solution, answer, antidote/panacea).

However, two of the three judges have found the rule unconstitutional (undemocratic, autocratic, dictatorial, totalitarian), noting that the terms ‘fake’, ‘false’ or ‘misleading’ were not defined and there was no scope for redress (compensation, restitution, remedy, atonement, justice) provided in the rules. Another point that went against the government was that the restriction was applied only to information about the Centre, and not other kinds of information. Justice Chandurkar also agreed with Justice Patel that a restriction on free speech (the right to express one’s opinions publicly (without any restraint)) based on whether something is true or false was not one of the circumstances (context, conditions, factors, situation, environment, backdrop) listed in Article 19(2) of the Constitution for imposing reasonable restrictions. The other judge on the Bench, Justice Neela Gokhale, had upheld the rule, holding that it was not vaguely (roughly, indeterminately, forgetfully, inattentively, absent-mindedly, somewhat) worded (utter, express, frame, set forth, formulate) and that there was no bar (restriction, limitation, impediment, obstruction, hindrance, obstacle) on a platform publishing a disclaimer (denial, refusal, rejection (statement)) to retain its safe harbour protection. She also rejected the idea that such a rule would have a chilling (frightening, terrifying, disturbing/horrifying) effect on free speech. The prevalence (commonness, extensiveness, widespread presence) of misinformation (disinformation, false information, alternative fact, fake news, false, rumour) or false information is a problem that undoubtedly requires to be tackled, but it cannot be an excuse to create a mechanism by which the government becomes a judge in its own cause or the sole (only) arbiter (judge, referee; authority, arbitrator) of what information about itself is misleading.

Courtesy: The Hindu

Important Word List With Meaning

1.unwarranted (adjective)

Hindi Meaning - अनावश्यक, अनुचित
English Meaning - unnecessary, unreasonable, unjustifiable, groundless, inappropriate, immoderate, inordinate, uncalled for.

2.curb (noun)

Hindi Meaning - रोक, नियंत्रण
English Meaning - restriction, restraint, control, limitation.

3.move (noun)

Hindi Meaning - कदम, कार्यवाही
English Meaning - action, step, procedure.

4.excuse (noun)

Hindi Meaning - बहाना, कारण, आधार
English Meaning - reason, cause, grounds, basis, justification, explanation.

5.empower (verb)

Hindi Meaning - सशक्त बनाना
English Meaning - authorize, entitle, permit, allow.

6.misleading (adjective)

Hindi Meaning - भ्रामक, गुमराह करने वाला
English Meaning - deceptive, confusing, deceiving, equivocal, ambiguous, fallacious, false; misguiding, misinforming, misdirecting.

7.likely (adverb)

Hindi Meaning - संभावित
English Meaning - expected, predicted, probable, foreseeable.

8.tie-breaking (adjective)

Hindi Meaning - निर्णायक
English Meaning - relating to a ruling/judgement in which a two-judge Bench gives conflicting & opposite ruling/judgement. (so the case moves into a higher (three-judge) Bench to make a 2:1 decision).

9.bench (noun)

Hindi Meaning - न्यायालय, न्यायाधीशों का समूह
English Meaning - a court of law with a number of judges.

10.constitutional validity (noun)

Hindi Meaning - संवैधानिक वैधता
English Meaning - the requirement that a law, procedure, or act must meet to be considered valid and in accordance with the constitution.

11.provision (noun)

Hindi Meaning - प्रावधान
English Meaning - clause, condition, stipulation, requirement, term.

12.violate (verb)

Hindi Meaning - उल्लंघन करना
English Meaning - breach, break, infract, contravene, offend, transgress, go against.

13.freedom of expression (noun)

Hindi Meaning - अभिव्यक्ति की स्वतंत्रता
English Meaning - the ability of an individual or group of individuals to express their beliefs, thoughts, ideas, and emotions about different issues free from government censorship, restraint, or legal penalty.

14.coercively (adverb)

Hindi Meaning - बलपूर्वक
English Meaning - forcefully, compulsorily, strongly, vigorously.

15.classify (verb)

Hindi Meaning - वर्गीकृत करना, श्रेणीबद्ध करना
English Meaning - categorize, group, assign, rate.

16.censorship (noun)

English Meaning - the suppression of speech, public communication, or other information, on the basis that such material is considered objectionable, harmful, sensitive, or inconvenient.

17.strike down (phrasal verb)

English Meaning - abolish, annul, nullify (a law or regulation).

18.ruling (noun)

English Meaning - judgment, pronouncement, adjudication, verdict.

19.split over (phrasal verb)

English Meaning - divide into two or more groups/parts; disagree with someone or something.

20.constitutional (adjective)

English Meaning - relating to the Constitution; legal, legitimate, lawful.

21.held past participle of hold (verb)

English Meaning - (of a court/judge) rule, decide.

22.sought past tense of seek (verb)

English Meaning - try, aim, attempt.

23.vague (adjective)

English Meaning - imprecise, inexact, unclear/uncertain.

24.undefined (adjective)

English Meaning - unspecified, unexplained, unclear, imprecise, inexact, indistinct.

25.terms (noun)

English Meaning - conditions.

26.social media intermediaries (SMI) (noun)

English Meaning - entities that enable online interaction between two or more users. It includes all social media platforms, communication and messaging channels.

27.intermediary (noun)

English Meaning - social media website, eCommerce website, blogging platform, search engine, telecom provider, Internet platform (hosting user-generated content), cloud provider, etc.

28.intermediary (noun)

English Meaning - representative, delegate, agent, mediator, negotiator.

29.The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 (noun)

English Meaning -the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 has been framed in exercise of powers under section 87 (2) of the Information Technology Act, 2000 and in supersession of the earlier Information Technology (Intermediary Guidelines) Rules 2011. It empowers ordinary users of social media, embodying a mechanism for the redressal and timely resolution of their grievances. Rules about digital media and OTT focuses more on in house and self-regulation mechanism whereby a robust grievance redressal mechanism has been provided while upholding journalistic and creative freedom. The guidelines have been framed keeping in mind the difference between viewership in a theatre and television as compared to watching it on the Internet.

30.flag (verb)

English Meaning - indicate, point out, identify; draw attention to something.

31.bound to (adjective)

English Meaning - compelled, duty-bound, constrained, obligated, obliged.

32.take down (phrasal verb)

English Meaning - remove, eliminate, take out, withdraw.

33.result in (verb)

English Meaning - cause, lead to, bring about, give rise to.

34.safe harbour (noun)

English Meaning - a place of safety; something that provides safety/protection; a regulatory provision that provides protection/safety. (The Indian government is reconsidering a key aspect of cyberspace — ‘safe harbour’, which is the principle that so-called ‘intermediaries’ on the internet are not responsible for what third parties post on their website. This is the principle that allows social media platforms to avoid liability for posts made by users).

35.exemption (noun)

English Meaning - special treatment, privilege, favouritism; immunity, exclusion, exception, indemnity, freedom.

36.host (verb)

English Meaning - store (on a website).

37.The Press Information Bureau (PIB) (noun)

English Meaning - The Press Information Bureau (PIB) is the nodal agency of the Government of India to disseminate information to the print and electronic media on government policies, programmes, initiatives and achievements. It functions as an interface between the Government and the media and also serves to provide feedback to the Government on people’s reaction as reflected in the media.

38.mechanism (noun)

English Meaning - approach, medium, vehicle, instrument, apparatus.

39.censor (verb)

English Meaning - cut, delete, retard, unpublish; examine/inspect.

40.dispute (verb)

English Meaning - disagree, have a disagreement.

41.satirist (noun)

English Meaning - a writer who uses satire (humour/mockery) while criticizing something/someone.

42.self-censorship (noun)

English Meaning - self-control, self-discipline, self-restraint.

43.contend (verb)

English Meaning - claim, assert, argue, state.

44.recklessly (adverb)

English Meaning - unthinkingly, mindlessly, foolishly, carelessly, rashly.

45.contrary (adjective)

English Meaning - in opposition to, against, incompatible with, in conflict with, not in accord with.

46.aggrieved (adjective)

English Meaning - disgruntled, dissatisfied, unhappy, upset, annoyed, disappointed.

47.remedy (noun)

English Meaning - solution, answer, antidote/panacea.

48.unconstitutional (adjective)

English Meaning - undemocratic, autocratic, dictatorial, totalitarian.

49.redress (noun)

English Meaning - compensation, restitution, remedy, atonement, justice.

50.go against (phrasal verb)

English Meaning - breach, break, infract, infringe, offend, transgress, violate; be unfavourable, be disadvantageous.

51.free speech (noun)

English Meaning - the right to express one’s opinions publicly (without any restraint).

52.circumstances (noun)

English Meaning - context, conditions, factors, situation, environment, backdrop.

53.Article 19(2) of the Constitution of India (noun)

English Meaning - It authorizes the government to impose, by law, reasonable restrictions upon the freedom of speech and expression “in the interests of public order”.

54.uphold (verb)

English Meaning - confirm, justify, support/back, endorse, approve, vindicate, validate.

55.vaguely (adverb)

English Meaning - roughly, indeterminately, forgetfully, inattentively, absent-mindedly, somewhat.

56.word (verb)

English Meaning - utter, express, frame, set forth, formulate.

57.bar (noun)

English Meaning - restriction, limitation, impediment, obstruction, hindrance, obstacle.

58.disclaimer (noun)

English Meaning - denial, refusal, rejection (statement).

59.chilling (adjective)

English Meaning - frightening, terrifying, disturbing/horrifying.

60.prevalence (noun)

English Meaning - commonness, extensiveness, widespread presence.

61.misinformation (noun)

English Meaning - disinformation, false information, alternative fact, fake news, false, rumour.

62.Nemo iudex in causa sua (phrase)

English Meaning - Latin for “no one should be a judge in their own cause”. It states that no one can judge a case in which they have an interest.

63.sole (adjective)

English Meaning - only.

64.arbiter (noun)

English Meaning - judge, referee; authority, arbitrator.