Why in the news?
Final hearing has begun in Bombay HC on pleas challenging the amended
IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
What is the purpose of Information Technology
(IT Rules, 2021)?
1.
To
empower govt. to identify fake news about govt policies and conduct on social
media platforms.
2. To counter false information, which left unattended may disrupt the entire country.
What are the challenges and lacunae in the proposed
rules?
1. Directing
social media intermediaries to remove objectionable false content from the site
- violates Article 19 of the constitution.
·
False
information is not a reasonable ground to restrict the freedom of speech and
expression.
2.
Post
tagged as 'fake or false' will be done by a Fact Check Unit at PIB (Press
information bureau) or any other agency of the central govt.
· This
can imbibe bias in judgment and curb dissent against government actions.
3.
Authorizing
central govt. to identify fake news without stringent procedural structure.
·
This
goes against the Rule of law as govt. authorities assume discretionary powers
in determining fake news.
4.
Identifying
what is objectionable content & what is not is itself complicated without
any proper definition of hate speech or defamation.
5.
The
government may use the rules as a tool to expand censorship and thereby limit
freedom of speech and expression.
What can be done?
1.
Replicate
best practices on 'fact-checking' developed by international bodies such as
International Fact-checking Network and EU's Code of practice on
disinformation, 2018, suitable to Indian context.
a)
Establishing
an independent media regulator
b)
A
self-regulatory code for social media intermediaries to tackle fake news.
2.
Enhance
online accountability.
3.
Establish
ethical standards and provide training and resources for journalists to achieve
responsible journalism.
4.
Promote
media literacy and critical thinking among the public.
India's rank in the Global Press Freedom Index had slipped to 161 out
of 180, lower than our neighbouring countries like Pakistan and Afghanistan.
Therefore, a balance between freedom of Press, speech and expression and
tackling misinformation or fake news is required.
