A public interest litigation (PIL) petition has been filed in the Madras High Court, challenging the constitution of a Fact Checking Unit (FCU) by the Tamil Nadu government on the ground that it amounts to a frontal attack on the freedom of speech of citizens in general, and is clearly an attempt to curb the voice of Opposition parties.
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R. Nirmal Kumar, joint secretary of the AIADMK‘s State Information Technology wing, has filed the PIL petition contending that the government had no authority to constitute an FCU, outside the framework of the police department, to impose unsanctioned censorship upon free speech.
The petitioner recalled that Justice M. Dhandapani of the High Court had, in 2020, directed the Director-General of Police (DGP) to create special cells at every police station in the State to crack down on those who posted derogatory and unsubstantiated allegations on social media against Constitutional functionaries and other dignitaries.
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The direction was issued specifically to the police department while dealing with a bail petition filed by A. Maruthachalam, 59, a resident of Coimbatore, who was arrested by the police for having reportedly posted a video containing defamatory allegations against a sitting judge of the Madras High Court as well as an advocate.
Subsequently on October 11, 2023 the first Division Bench comprising Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy had closed a 2020 PIL petition after recording the submission of the police department that it had formed social media cells to take action against defamatory, abusive, filthy and offensive posts.
Further, referring to a proposal by the Centre to constitute a fact checking unit under under the Information Technology Act, 2020, the petitioner said, that decision had been put on hold after a challenge to it before the Bombay High Court, which had now reserved its verdict on the issue, after completion of the hearings.
Wondering how the Tamil Nadu government could constitute a FCU, outside the framework of the police department, the petitioner also accused the government of having appointed a DMK (ruling party) supporter, Iyan Karthikeyan as its Mission Director.
The petitioner urged the court to declare, as unconstitutional, a Government Order issued by the Tamil Development and Information department on October 6, 2023 for the constitution of the FCU, and also insisted upon an interim injunction restraining its Mission Director from continuing in his post.
