New Delhi, 7 April 2023: The Indian Journalists Union expresses deep concern over the Ministry of Electronics and Information Technology notifying the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, without consulting the stakeholders. The amended rules confer power 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)]. This, says the IJU will impact freedom of speech and expression online and the right of the citizens to make an informed decision.
According to Rule 3, it allows making content identified by such a ‘fact check unit’ a due diligence requirement for intermediaries. “In an event where any intermediaries, including social media intermediaries (Facebook, Twitter etc.), Internet Service Providers (ISPs) (Airtel, ACT, Jio etc.), other service providers, fail to/decide against taking action on content identified as “fake” or “false” by the notified fact check unit, they will risk losing their safe harbour protections”.
In a statement, IJU President and former Member of Press Council of India Geetartha Pathak and Secretary General and IFJ Vice President Sabina Inderjit said the amended rules shall have a chilling effect on journalists as the government could use such arbitrary, overbroad powers to determine authenticity of online content and harass the online media. In effect these are bound to further dent press freedom already facing major threats as the Ministry gives itself sweeping powers under the garb of ‘fact-checking’ unit.
The IJU is of the firm opinion that the Ministry giving powers to constitute such a unit will impact independent and critical information against the ruling dispensation as it could be easily termed as “fake or false or misleading”. The unit would merrily ask ‘intermediaries’ (including social media intermediaries, Internet Service Providers, and other service providers), to not host or take down information. The Union demanded that the notification be withdrawn and stakeholders be invited for meaningful discussions, for the amended rules clearly amount to veiled censorship.
