IT Rules amendment: Government to appoint organisation for fact checking content

Minister for State in Electronics and Information Technology Rajeev Chandrasekhar

The Centre announced proposed amendments to the IT Rules on April 6 that would mandate a government-appointed organisation to identify any false or misleading content relating to the government.

Minister for State in Electronics and Information Technology Rajeev Chandrasekhar said, "On the misinformation side, the IT Rules said that government of India will notify an organisation and that organisation will be a fact checker of content related to the government for all intermediaries."

"Intermediaries who chose to keep that content will have to deal with person who is aggrieved in the court of law. It is not mandatory that one has to take down what notified organisation says but then you have to deal with it in the court of law," he explained.

The minister further said that if an intermediary chooses to not take down content after the fact checking unit asks it to, then the intermediary will lose safe harbor for that piece of content.

The notification published by the government read, "After the word “nature”, the words “or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify” shall be inserted."

In January, the ministry introduced draft amendments to the IT Rules that said that news identified as fake or false by the Press Information Bureau's fact check unit needed to be removed from social media platforms.

"When it comes to misinformation pertaining to the government, that is a job still half done. It is a work in progress. I have asked for intermediary suggestions, whether there can be an SRO, so they can play a bigger role and internet is free of misinformation and disinformation," Chandrasekhar said.

Internet Freedom Foundation termed this move by the government an 'unconstitutional exercise'.

In a statement, IFF said, "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, activists etc," it added.

Earlier, Moneycontrol reported how the government was weighing the option of setting up a self-regulatory mechanism to deal with misinformation, fake news and deep fakes, sources close to the matter said.