IT Rules Amendment Empowers Centre To Identify 'Fake News' In Social Media About Central Govt

The 2023 amendment confers power on MeitY to notify a fact check unit of the Central Government that will identify fake or false or misleading online content in respect to any business of the Central Government [Rule 3(1)(b)(v)]. Under Section 3, one of the due diligence requirement added is that social media intermediaries (such as Facebook, Twitter) and telecom service providers shall inform the user not to host, display, upload, modify, publish, transmit, store, update or share any information in respect of any business of the Central Government, that is identified as fake or false or misleading by such fact check unit.

Violation of this rule can lead to the social media intermediaries losing their 'safe harbour' immunity.

The Internet Freedom Foundation (IFF), an Indian digital liberties organisation has issued a statement on the 2023 amendment raising a pertinent concern that the unguided power bestowed on the fact check unit of the Government to identify fake online content can ultimately have a chilling effect on the freedom of speech and expression.

“Assigning any unit of the government such arbitrary, overbroad powers to determine the authenticity of online content bypasses the principles of natural justice, thus making it an unconstitutional exercise. The notification of these amended rules cement the chilling effect on the fundamental right to speech and expression, particularly on news publishers, journalists, activities etc.”

IFF states that the fact check unit would, essentially, have the power to bypass the statutory prescription of Section 69A of the IT Act, which enables the Central Government or its authorised officers to issue directions for blocking public access of any information through any computer resource. Under Section 69A the Government or the concerned officer is required to follow certain processes and safeguards in blocking public access. As per IFF’s statement the notification also runs contrary to the judgment of the Supreme Court [Shreya Singhal v. Union of India] that laid down procedures for blocking content.

The Editors Guild of India has also expressed concerns about this amendment. "EGI is disturbed by the amendments notified to the IT Rules 2021, by GoI_MeitY giving itself authority to constitute a “fact checking unit”, with sweeping powers to determine what is “fake or false” wrt “business of Central Government”, and order take down to intermediaries", it tweeted.

Apart from this, the notification also aims to regulate online gaming.