If the FCU deems anything to be fake or misleading, the media site would have to take it down and the ISPs would have to block its URL if they want to keep their safe harbour (legal protection against third-party material).
Source: Civils Daily
The HC also questioned whether FCUs were necessary, questioning whether the Press Information Bureau was sufficient for this function. The main targets of this regulation have been the print, broadcast, and internet media as well as supporters of free speech. As this amounts to censorship by the government through its FCUs, a number of media representatives have filed court documents against it.
Navroz Seervai, Kamra’s attorney, aptly characterises this haughtiness as the government saying it’s my way or the highway and underestimating the people’s intelligence by acting like a nanny and making decisions that were best for the populace.
Source: Times Now
The government’s argument that the impacted persons may file a lawsuit is unpersuasive given how frequently state governments have cracked down on those who are seen to be criticising them. The Kerala government recently filed a criminal complaint against Shajan Skariah, editor of a well-known news website, for making false claims against an MLA. The police also seized laptops and prevented staff from managing the website’s YouTube channel.
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