New IT rules spark concerns over freedom of speech and press freedom
If social media intermediaries or telecom service providers violate the rules by hosting, displaying or uploading false content, they can lose the safe harbour immunity.
New IT Rules allowing the Ministry of Electronics & IT to set up a fact-checking unit to identify fake or misleading content online has led to concerns among journalists and internet freedom activists.
The fact-checking unit has the power to issue take-down orders and bypass the checks and balances prescribed in Section 69A of the IT Act. If social media intermediaries or telecom service providers violate the rules by hosting, displaying or uploading false content, they can lose the safe harbour immunity.
However, the Internet Freedom Foundation has expressed concerns about the chilling effect these rules will have on the right to free speech and expression. They have argued that no precedent exists of any other government setting up a fact-checking unit, and the government should have consulted with media organisations before announcing the new IT rules.
Similarly, the Editors Guild has said they are deeply disturbed by the amendment and believe that it will impact press freedom. The News Broadcasters & Digital Association has also expressed concerns that the government has the power to designate the fact-checking unit as the adjudicator of truth.
Also Read: Bombay High Court orders explanation for IT rule amendment in response to Kunal Kamra's petition
Experts have also weighed in on the issue, with Nikhil Pahwa of Medianama saying that the new rules could directly impact the reach of news articles online. "It impacts the persistence online and they can even ask Google to take it off their search links. So if the article is not visible, it does not exists online. So that is the power the government gets with this," he added.
He also argued that the government has no basis to regulate gaming with these IT rules. He further added that once the Digital India Act comes into play, it will legitimise these rules, which are currently preceding the law. He believes that the government should scrap these rules since they are illegal and there is no point in having processes in parliament if they keep bypassing them.
Prateek Waghre of the Internet Freedom Foundation also expressed his concerns about the inadequate consultations with journalists and internet freedom activists before introducing these new IT rules.
Senior journalist N Ram believes that this is a clear attempt at censorship, and expressed his disagreement. “Media organisations were certainly not consulted about these rules. However this is completely unacceptable. There was an attempt earlier, there was a proposal where Press Information Bureau was going to do it. They already have a so called fact check function but it goes against every principle of fact checking,” he said.
On the other hand, Rajeev Chandrasekhar, the MoS MeitY, says the move is aimed solely at safeguarding citizens, and there are no sweeping or draconian powers. The fact-checking unit is supposed to identify false or misleading online content connected to any aspect of the central government, and if they identify any information as fake, social media intermediaries and telecom service providers must inform users not to host, display, or upload that content.
As of now, the IT rules have created a divide between internet freedom activists and media organisations. While the government claims that the move is aimed at safeguarding citizens, critics believe that it is a clear attempt at censorship and will impact press freedom.
First Published: Apr 11, 2023 8:59 PM IST
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