Case 1 : No stay on Fact Check Unit for posts in social media
Kunal Kamra v. Union of India with connected cases, the Bombay High Court on March 13, vide a 2:1 majority verdict refused to stay the constitution of a Fact Check Unit (FCU) by the government of India to rein in misleading and fake social media posts on government businesses. Rule 3(1)(b)(v) of the IT Rules amendment 2023 empowers the government to establish a fact check unit and unilaterally declare online content related to the government's business on social media platforms as fake, false or misleading.
The social media intermediary then either has to remove the information or be ready to defend its actions in court if need arises. The dissenting judgement dubbed the move as censorship harking back to the post office bill of the nineties and thus trampling down the right of freedom of expression. The majority however didn’t think so in the face of the undertaking given by the government that the FCU will not strike against satire, parodies, political opinions and light-hearted humour.
Though the FCU would censor only 'Fake,' 'False,' or 'Misleading’ posts, these words could be the proverbial thin edge of the wedge to gag freedom of expression. Time alone will tell if the FCU would be fair and not become a spoil sport.
Case 2: Workers performing perennial/permanent work cannot be called contractual workers
The Supreme Court on March 12 observed that the workers employed to perform perennial/permanent nature of work couldn't be treated as contract workers under the Contract Labour (Regulation & Abolition) Act, 1970 to deny them the benefit of regularisation of a job.
This judgement has tremendous significance as it gives a shot in the arm for the so-called contract workers who work as hard and as regularly as regular employees. The Supreme Court rightly frowned on this discrimination and granted back wages too.
Thumbs up on whatsapp isn’t always celebration but often it is the harmless equivalent of saying okay
In a recent case — Narendra Chauhan v. Railway Protection Force — the Madras High Court absolved the guilt of indiscipline pronounced on the appellant against the disciplinary authorities of the organisation and affirmed by appellate authority. The murder of an assistant commandant by a constable was posted on the constables’ Whatsapp group to which the appellant constable Narendra Chauhan had posted the thumbs up emoji.
The Madras High Court didn’t agree that thumbs up was celebratory or an act of exultation but is often a harmless okay. Arguably it is the most frequently used response to a message on the social media and is often a shorthand expression of “I got the message or simply okay”. Netizens with hundreds of contacts in the Whatsapp are often inundated with messages and they often react with emojis.
Breath analyser test at polling booths not necessary
A Public Interest Litigation (PIL) filed in the Andhra Pradesh High Court seeking mandatory Breath analysers at polling booths was dismissed recently. The petitioner, a registered political party (Janavahini Party), argued that allowing intoxicated voters would violate the principles of free and fair elections. Breath analyser test is perfectly justified to discourage accidents on roads due to reckless driving due to intoxication and lack of control.
Recently when a flyer peed on a fellow passenger in a long-distance Air India flight, the accused was found intoxicated. A clamour for breath analyser test by the airline staff at the ‘gate’ followed. But then when the cabin crew itself serves liquor freely especially to the first-class passengers, such a demand becomes unsustainable.
Levity aside, the staff on duty at the polling booths cannot simply be expected to subject all voters to such a test. If it is made mandatory by the Election Commission all hell would break lose as denial of voting right in a democracy could lead to a large-scale litigation besides giving a potent tool in the hands of political parties and their agents to frustrate the democratic process. In any case booze flows freely in the run up to the hustings. That needs to be stopped first!
(Edited by : C H Unnikrishnan)
