Words like fake, false, misleading in IT Rules problematic

Subject : Governance

Concept :

Constitutional validity of the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 is being questioned in the Bombay High Court.

Information Technology Amendment Rules, 2023

Online gaming intermediaries must make efforts to not give a platform or advertise any online game that can cause the user harm or that has not been verified as a permissible online game by an online gaming self-regulatory body.
Online gaming intermediaries in relation to online games involving real money must display a mark of verification by the self-regulatory body on such games.
The government can choose to designate multiple self-regulating bodies for the online gaming industry. These bodies will represent the industry, but they will operate independently from the members of the industry.
The new rules require online platforms to not post, share, or host any information that is fake, false, or misleading about the Central Government’s work.
This fake, false, or misleading information will be identified by the notified Fact Check Unit of the Central Government.
Failure to comply with the guidelines of the Fact-Checking Unit might result in losing the safe harbour protection which safeguards the intermediaries from litigation.

Safe Harbour Priniciple

The safe harbour principle of the IT Act, 2000 relieves the internet intermediaries from responsibility for third-party content on their platforms. This provision ensures that social media platforms are not liable for posts published by users.