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Directions: Kindly read the passage carefully and answer the questions given beside.
The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.
Q. Is it possible for the accused in a high-profile criminal case to take legal action against Priya, a journalist, and the news organization she works for after an article they published, containing inaccurate information related to the case, prompted the accused to file a complaint under the 2021 Rules?
  • a)
    Yes, as the article included information that was blatantly false and misleading.
  • b)
    No, because the article was published in good faith without any intent to deceive.
  • c)
    Yes, as per the 2021 Rules, intermediaries are accountable for the content they host or publish.
  • d)
    No, because the article falls under the protection of freedom of speech and expression as per the Constitution.
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Directions: Kindly read the passage carefully and answer the questions...
Understanding the Legal Context
In the given scenario, the accused's ability to take legal action against Priya and her news organization hinges on various factors, particularly the nature of the article published and the intentions behind it.
Key Points Supporting Answer 'B'
- Good Faith Publication
- The article was published in good faith without any intent to deceive. This implies that the journalist and the organization acted with a commitment to journalistic integrity.
- Intent Matters
- Legal actions often consider the intent behind the publication. If there was no malicious intent or recklessness in reporting, it significantly weakens the case against the journalist and the organization.
Legal Protections for Journalists
- Freedom of Speech
- The Constitution protects freedom of speech and expression, which includes the right to report on matters of public interest, provided it is done without malice. Journalists are often afforded some leeway in reporting, especially in high-profile cases.
- Accountability of Intermediaries
- While the 2021 Rules hold intermediaries accountable for hosting misleading content, the responsibility falls primarily on the intention and context of the content rather than purely its factual accuracy.
Conclusion
Given these considerations, option 'B' is correct as it encapsulates the essence of journalistic integrity and the protection afforded to journalists acting in good faith. This scenario illustrates the delicate balance between freedom of expression and the need for responsible journalism, especially in sensitive cases.
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Community Answer
Directions: Kindly read the passage carefully and answer the questions...
Option B is the correct choice. The article was published in good faith, and Priya and the news organization had no intention to mislead. Consequently, the accused does not have grounds to pursue legal action against them.
Therefore, option B is the correct answer.
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Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Priya, a journalist, wrote and published an article concerning a high-profile criminal case. Subsequently, it was discovered that the article contained inaccurate information. The accused in the case, referencing the 2021 Rules, filed a complaint against Priya and the news organization employing her. Can the accused take legal action against Priya and the news organization?

Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Rahul, a devoted user of a social media platform, shared a satirical meme targeting a political leader. The meme, while not containing any explicit content, featured an offensive caption alongside the leaders image. Citing the 2021 Rules, the platform took down the post and temporarily suspended Rahuls account. Can Rahul legally contest the platforms action in court?

Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. According to the 2021 Rules, which of the following is NOT listed as a restriction on the types of information users of intermediary platforms can create, upload, or share?

Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Which of the following is NOT mentioned as a ground for reasonable restrictions on freedom of speech and expression in the Constitution?

Directions: Read the passage and answer the question that follows.The Information Technology (Intermediary Guidelines and Digital Media Ethics Cod e) Rules, 2021 were notified on February 25, 2021. The 2021 Rules replace the Information Technology (Intermediaries Guidelines) Rules, 2011.Due diligence by intermediaries: Intermediaries are entities that store or transmit data on behalf of other persons. Intermediaries include internet or telecom service providers, online marketplaces, and social media platforms. The due diligence to be observed by intermediaries includes: (i) informing users about rules and regulations, privacy policy, and terms and conditions for usage of its services, (ii) blocking access to unlawful information within 36 hours upon an order from the Court, or the government, and (iii) retaining information collected for the registration of a user for 180 days after cancellation or withdrawal of registration. Intermediaries are required to report cybersecurity incidents and share related information with the Indian Computer Emergency Response Team.Significant social media intermediaries: A social media intermediary with registered users in India above a threshold (50 lakh) will be classified as 'significant social media intermediary'. Additional due diligence to be observed by these intermediaries includes: (i) appointing a chief compliance officer to ensure compliance with the IT Act and the Rules, (ii) appointing a grievance officer residing in India, and (iii) publishing a monthly compliance report.Intermediaries which provide messaging as a primary service must enable the identification of the first originator of the information on its platform. This originator must be disclosed if required by an order from the Court or the government. Such order will be passed for specified purposes including investigation of offences related to sovereignty and security of the state, public order, or sexual violence. No such order will be passed if less intrusive means are effective in identifying the originator of the information. The intermediary will not be required to disclose the contents of any communication. If the first originator is located outside India, the first originator of that information within India will be deemed to be the first originator.Grievance redressal: The Rules require the intermediaries and digital media publishers to provide for a grievance redressal mechanism. The intermediaries are required to designate a grievance officer to address complaints against violation of the Rules. Complaints must be acknowledged within 24 hours and disposed of within 15 days.Blocking of content in case of emergency: In case of emergencies, the authorised officers may examine digital media content and the Secretary, MIB may pass an interim direction for blocking of such content. The final order for blocking content will be passed only after the approval by the Inter-Departmental Committee. In case of non-approval from the Committee, the content must be unblocked.Q. A person registered on an instant messaging app and used it to issue a threat to an Indian citizen. After doing so, he deleted his account on the app. An FIR was filed within 48 hours. At the time of investigation, police demanded the user details from the app, but they said that the account had been deleted and they were unable to retrieve any information of that user. Can police seek such details?

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Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Is it possible for the accused in a high-profile criminal case to take legal action against Priya, a journalist, and the news organization she works for after an article they published, containing inaccurate information related to the case, prompted the accused to file a complaint under the 2021 Rules?a)Yes, as the article included information that was blatantly false and misleading.b)No, because the article was published in good faith without any intent to deceive.c)Yes, as per the 2021 Rules, intermediaries are accountable for the content they host or publish.d)No, because the article falls under the protection of freedom of speech and expression as per the Constitution.Correct answer is option 'B'. Can you explain this answer?
Question Description
Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Is it possible for the accused in a high-profile criminal case to take legal action against Priya, a journalist, and the news organization she works for after an article they published, containing inaccurate information related to the case, prompted the accused to file a complaint under the 2021 Rules?a)Yes, as the article included information that was blatantly false and misleading.b)No, because the article was published in good faith without any intent to deceive.c)Yes, as per the 2021 Rules, intermediaries are accountable for the content they host or publish.d)No, because the article falls under the protection of freedom of speech and expression as per the Constitution.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Is it possible for the accused in a high-profile criminal case to take legal action against Priya, a journalist, and the news organization she works for after an article they published, containing inaccurate information related to the case, prompted the accused to file a complaint under the 2021 Rules?a)Yes, as the article included information that was blatantly false and misleading.b)No, because the article was published in good faith without any intent to deceive.c)Yes, as per the 2021 Rules, intermediaries are accountable for the content they host or publish.d)No, because the article falls under the protection of freedom of speech and expression as per the Constitution.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Is it possible for the accused in a high-profile criminal case to take legal action against Priya, a journalist, and the news organization she works for after an article they published, containing inaccurate information related to the case, prompted the accused to file a complaint under the 2021 Rules?a)Yes, as the article included information that was blatantly false and misleading.b)No, because the article was published in good faith without any intent to deceive.c)Yes, as per the 2021 Rules, intermediaries are accountable for the content they host or publish.d)No, because the article falls under the protection of freedom of speech and expression as per the Constitution.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Is it possible for the accused in a high-profile criminal case to take legal action against Priya, a journalist, and the news organization she works for after an article they published, containing inaccurate information related to the case, prompted the accused to file a complaint under the 2021 Rules?a)Yes, as the article included information that was blatantly false and misleading.b)No, because the article was published in good faith without any intent to deceive.c)Yes, as per the 2021 Rules, intermediaries are accountable for the content they host or publish.d)No, because the article falls under the protection of freedom of speech and expression as per the Constitution.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Is it possible for the accused in a high-profile criminal case to take legal action against Priya, a journalist, and the news organization she works for after an article they published, containing inaccurate information related to the case, prompted the accused to file a complaint under the 2021 Rules?a)Yes, as the article included information that was blatantly false and misleading.b)No, because the article was published in good faith without any intent to deceive.c)Yes, as per the 2021 Rules, intermediaries are accountable for the content they host or publish.d)No, because the article falls under the protection of freedom of speech and expression as per the Constitution.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Is it possible for the accused in a high-profile criminal case to take legal action against Priya, a journalist, and the news organization she works for after an article they published, containing inaccurate information related to the case, prompted the accused to file a complaint under the 2021 Rules?a)Yes, as the article included information that was blatantly false and misleading.b)No, because the article was published in good faith without any intent to deceive.c)Yes, as per the 2021 Rules, intermediaries are accountable for the content they host or publish.d)No, because the article falls under the protection of freedom of speech and expression as per the Constitution.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Is it possible for the accused in a high-profile criminal case to take legal action against Priya, a journalist, and the news organization she works for after an article they published, containing inaccurate information related to the case, prompted the accused to file a complaint under the 2021 Rules?a)Yes, as the article included information that was blatantly false and misleading.b)No, because the article was published in good faith without any intent to deceive.c)Yes, as per the 2021 Rules, intermediaries are accountable for the content they host or publish.d)No, because the article falls under the protection of freedom of speech and expression as per the Constitution.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Is it possible for the accused in a high-profile criminal case to take legal action against Priya, a journalist, and the news organization she works for after an article they published, containing inaccurate information related to the case, prompted the accused to file a complaint under the 2021 Rules?a)Yes, as the article included information that was blatantly false and misleading.b)No, because the article was published in good faith without any intent to deceive.c)Yes, as per the 2021 Rules, intermediaries are accountable for the content they host or publish.d)No, because the article falls under the protection of freedom of speech and expression as per the Constitution.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Kindly read the passage carefully and answer the questions given beside.The Constitution allows for certain reasonable restrictions with respect to freedom of speech and expression on grounds such as national security, public order, decency, and morality. The IT Act prohibits uploading or sharing content which is obscene, sexually explicit, relates to child sex abuse, or violates a person’s privacy. The 2021 Rules specify certain additional restrictions on the types of information users of intermediary platforms can create, upload, or share. These include: (i) “harmful to child”, (ii) “insulting on the basis of gender”, and (iii) “knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact”. Some of these restrictions are subjective and overbroad, and may adversely affect the freedom of speech and expression of users of intermediary platforms. The Supreme Court (2015) has held that a restriction on speech, in order to be reasonable, must be narrowly tailored so as to restrict only what is absolutely necessary. It also held that a speech can be limited on the grounds under the Constitution when it reaches the level of incitement. Other forms of speech even if offensive or unpopular remain protected under the Constitution. The Rules require the intermediaries to make these restrictions part of their service agreement with users. This implies that users must exercise prior restraint, and intermediaries may interpret and decide upon the lawfulness of content on these grounds. Such overbroad grounds under the Rules may not give a person clarity on what is restricted and may create a ‘chilling effect’ on their freedom of speech and expression. This may also lead to over-compliance from intermediaries as their exemption from liability is contingent upon observing due diligence.Q. Is it possible for the accused in a high-profile criminal case to take legal action against Priya, a journalist, and the news organization she works for after an article they published, containing inaccurate information related to the case, prompted the accused to file a complaint under the 2021 Rules?a)Yes, as the article included information that was blatantly false and misleading.b)No, because the article was published in good faith without any intent to deceive.c)Yes, as per the 2021 Rules, intermediaries are accountable for the content they host or publish.d)No, because the article falls under the protection of freedom of speech and expression as per the Constitution.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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