Decoded: Centre's plan to identify, take down 'fake' or 'misleading' news

The latest notification by the Centre regarding new IT rules provides for appointing a fact-checking body for online content. The fact-checking body will flag "fake, false, or misleading" news about the government. 

 

According to the new rules notified on April 06, 2023, the ministry will notify a fact-checking unit based solely on the Centre's discretion. The rules mention that the intermediaries should make "reasonable efforts" to not host content related to the Centre that is "identified as fake or misleading" by a "fact-check unit" that may be notified by the IT Ministry.

 

The notification further added that in an event where any intermediaries, including social media intermediaries like Facebook and Twitter, internet service providers like Airtel and Jio or any other service provider fail to decide against taking action on content identified as "fake" or "false" by Centre's notified fact-checking unit, will risk loosing their safe harbour protections.

 

A safe harbour is a legal immunity that the intermediaries and service providers enjoy against content from a third party.  

 

So, if Facebook fails to remove information flagged as fake news by the centrally notified body, they risk facing legal trouble. 

 

Is Press Information Bureau (PIB) the government-notified body to identify fake news about it?

 

No, it is not the PIB for now. In January, the Ministry proposed appointing the fact-checking unit of PIB for the purpose. But the proposal has been removed from the final rules, the Indian Express reported. 

 

The PIB is the nodal agency of the Centre to disseminate information to the print and electronic media on government policies, programmes, initiatives and achievements.

 

What makes this body different from other fact-checking agencies?

 

As of now, the body is being made up to check or counter fake or misleading news about the central government. It should not be confused with a regular fact-checking agency that counters misinformation in the general news. 

 

Why is it raising eyebrows?

 

In January, the Editors Guild of India said that the "determination of fake news cannot be in the sole hands of the government and will result in censorship of the press".

 

"EGI is deeply concerned by amendment to IT Rules 2021 made by MEITY, giving authority to PIB to determine veracity of news reports, and directing online intermediaries and social media platforms to take down content deemed as 'fake'. Guild feels this is akin to censorship."

 

 

EGI is deeply concerned by amendment to IT Rules 2021 made by MEITY, giving authority to PIB to determine veracity of news reports, and directing online intermediaries and social media platforms to take down content deemed as ‘fake’. Guild feels this is akin to censorship. pic.twitter.com/uy49cOwTcT

— Editors Guild of India (@IndEditorsGuild) January 18, 2023

The News Broadcasters & Digital Association sought the withdrawal of a draft amendment in January and said that this would lead to "muzzling the fourth pillar of democracy and also have a chilling effect on the media".

The Internet Freedom Foundation issued a statement saying that the "Factcheck unit notified by the Executive, could effectively issue a takedown order to social media platforms, and even other intermediaries across internet stack, potentially bypassing the process statutorily prescribed under section 69A of the IT Act, 2000."

It further added that "in addition to circumventing the parliamentary procedures required to expand the scope of parent legislation, i.e. the IT Act These notified amendments are in gross violation of the Hon'ble Supreme Court Ruling in Shreya Singhal vs Union of India (2013) which laid down strict provision for blocking content."

 

The Internet Freedom Foundation’s statement on the notification of the IT Amendment Rules, 2023.

Read pic.twitter.com/qPuqNICWht

— Internet Freedom Foundation (IFF) (@internetfreedom) April 6, 2023

 

 

What does the government say?

The minister of state for electronics and IT, Rajeev Chandrasekhar, has assured that the centrally-backed fact check body will work in a credible way. He told the Indian Express that when the Centre notifies the agency, it will address doubts about government censorship and misuse.

The body will have to adhere to the list of dos and don’ts, he added.