Delhi High Court Strikes Down ‘Misinformation Rules’ Targeting Social Media Platforms
- ByAdmin --
- 05 Mar 2025 --
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The Delhi High Court has struck down controversial amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, commonly dubbed the ‘Misinformation Rules’, which empowered the Union Government to direct platforms to take down content deemed ‘false or misleading.’ This decision is being seen as a victory for free speech and a warning against unchecked executive overreach in regulating digital discourse.
What were the misinformation rules?
The challenged rules gave the Ministry of Electronics and Information Technology (MeitY) unilateral power to label online content as misinformation and demand immediate removal. Critics argued this effectively made the government the sole arbiter of truth, a role incompatible with democratic norms.
The Court’s Key Findings
- Vague and Arbitrary: The Court noted that ‘misinformation’ was left undefined, giving excessive discretionary power to the executive.
- Chilling Effect: Unfettered power to demand removal could lead platforms to over-censor, pre-emptively taking down lawful content to avoid penalties.
- Violation of Article 19(1)(a): The bench emphasized that freedom of speech includes the right to be wrong, so long as speech does not cross constitutional lines like defamation or incitement.
Why This Matters
This judgment affirms that free speech in the digital era is as protected as offline speech. It also signals that judicial oversight is essential in ensuring executive power over technology platforms does not morph into censorship.
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