New IT Rules may lead to misuse: Body representing Google, Meta, Twitter, Apple criticise Centre's new fact checking norms

If intermediaries like Facebook, Google etc do not comply with the government appointed fact check organisation's decision, they may lose their safe harbour status under Section 79 of the IT Act

Asia Internet Coalition, whose members include Meta, Google, Twitter and others, on April 17 expressed concerns regarding the new amendment to the IT Rules, stating that the new regulations that mandate a government-appointed organisation to identify 'fake or false' content relating to the  Centre, may lead to misuse and infringe on freedom of the press.

The recent amendment to the IT Rules mandates that a government-appointed fact-checking organisation will have the power to identify any "false or misleading content relating to the government." Intermediaries, such as Facebook, Twitter, YouTube, will have to comply with such orders, and if they do not, they may lose their safe harbour status under the IT Act.

"The Asia Internet Coalition (AIC) is concerned that the IT Rules amendments grant the Indian government broad content takedown power without providing sufficient procedural safeguards to remove content and protect people’s fundamental rights to access information," Jeff Paine, Managing Director of Asia Internet Coalition said in a statement.

Currently 'takedown' directions are given under used Rule 16(3) of Information Technology Rules and Section 69A of the IT Act. These were recently used to block content regarding a BBC documentary on PM Modi's alleged role in the Gujarat Riots.

Paine said, "Using a government agency such as the Press Information Bureau as the sole source to fact-check government business without giving it a clear definition or providing clear checks and balances, may lead to misuse during implementation of the law, which will profoundly infringe on press freedom."

"Instead of prescriptive legislation, governments should host industry-wide consultations and also consider voluntary mechanisms to protect the benefits of the internet and keep people safe from harm," he added.

A few days ago, Minister of State for Electronics and Information Technology Rajeev Chandrasekhar urged citizens to allow this proposed government-appointed fact-check unit to demonstrate its performance and "earn respect" of social media platforms.

"The government fact-checking unit is something that needs to be able to earn the respect of the social media intermediaries and the social media intermediaries have to trust the judgment, findings, research of the fact-checking unit," Chandrasekhar said.

He further explained that the fact-checking unit could not be formed outside the government because information regarding the government will only be available to concerned officials in departments and ministries.

When it comes to fact-checking media reports, Chandrasekhar said, "If media misreports, viewers will have different routes of litigating against them. The IT Rules will not have any impact on it. However, if anyone posts that piece of news on social media, then the fact check unit will certainly label that content as false and direct the intermediary to pull it down," he explained.