Minister of State for Electronics and IT Rajeev Chandrasekhar said that 2022 indicated a fight against the menaces of misinformation and blatantly false news. (Image: @RajeevChandrasekhar/Twitter)
Under the amendments to the IT Rules of 2021, the ministry can also issue directions to “intermediaries” – social media intermediaries, internet service providers and other service providers – not to host such content.
One day after the last modification in the notice technology Rules 2021 were notified, Minister of State for Electronics and IT Rajeev Chandrasekhar said on Friday that the IT ministry will create a “fact checking unit” with respect to any information about the central government.
A new body will be formed to flag any kind of fake news about the government. The ministry can also issue directions to “intermediaries” – social media intermediaries, internet service providers and other service providers – not to host such content.
Chandrasekhar said that 2022 signaled a fight against the dangers of misinformation and blatantly false news. “There was a need for an independent fact-checker from the government, as they have all the information about the government. The middlemen of social media had expressed the need for this. Such a body will be created and it will be discussed whether it will be PIB (Press Information Bureau) or a new entity,” he said.
The Union minister said there were nine types of content that were “no-go areas” for social media intermediaries if they wanted protection under Section 79 – misinformation, religious incitement such as clearly false news among others.
“This body will be trusted by social media companies and will operate in a transparent and credible manner. The fight against misinformation is not an attempt to curb free speech,” he said.
He further said that this was the first time that any government had taken such measures with respect to social media platforms. These were targeted to address the risks and threats of fake news within India and beyond its borders.
“No platform can ever violate the fundamental rights of the citizens of India; This is the first time any government has done this,” he said, adding that IT rules protect social media platforms from legal cases under Section 79.
But, he said, the rule says that if you want to be safe, you have to be very careful about the material. “If the social media chooses not to exercise due diligence, the aggrieved party can take legal action. The government does not mandate platforms to respond to fact checking, it is their choice,” he said.
Chandrasekhar also said that the law of the land would apply and the principles of natural justice would apply to the aggrieved parties. “It is clear and fair. Barring a few opposition members, all middlemen welcomed it. If the media misreports, there are laws to deal with it, but social media platforms have comprehensive protections.”
He said that if social media intermediaries choose to put misinformation online, they will face the law. “It’s reciprocity. If you want immunity you have to take precautions. If you don’t, let the courts decide whether you are right or not.”
The government will not ask intermediaries to remove content, but simply label it as fake, patently false or misleading. Intermediaries have the option of retaining the material, but they will lose immunity under section 79.
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