Statement: The Ministry of Electronics and Information Technology has notified the PIB (Press Information Bureau, Government of India) Fact Check of the Ministry of Information and Broadcasting as the fact-checking unit (FCU) under the IT Amendment Rules, 2023.
The notified FCU will be empowered to flag online “false”, “fake”, or “misleading” information related to the Union government.
The establishment of the FCU less than a month before the country heads for the General elections in 2024 could vastly affect the nature of free speech on the internet as it holds the potential to be (mis)used for proactive censorship, most importantly in the context of dissent. This notification follows the March 13 decision of the Bombay HC, where the Bench refused to restrain the setting up of an FCU until the third Judge decides on the constitutionality of the 2023 Amendment.
This effectively allowed the Union govt to operationalise the FCU, despite its constitutionality being under deliberation before the High Court. Establishing an FCU at the sole discretion of the Union govt to determine the veracity of online information related to the latter violates the principles of natural justice & poses a huge threat to online free speech & the right to receive information online.
Failure by intermediaries to take action against content flagged by the FCU may result in the loss of their safe harbour protections under Section 79 of the IT Act, 2000.
This raises concerns about a chilling effect on press freedom.
Insufficient transparency & accessible information around the PIB FCU’s composition & methodology for decision-making has previously raised questions about its capability & effectiveness. The draft amendment to the IT Rules released in January 2023 which proposed making the PIB FCU the arbiter of “fake news” received pushback from several leading news media outlets, raising concerns about the free speech of the press & PIB FCU’s history of errors.
We have since 2021 called for the recall of the unconstitutional, illegal, undemocratic IT Rules, 2021 & continue to do so for the IT Amendment Rules, 2023.
We are still hopeful that the Bombay HC will rule against this unconstitutional provision & deliver a rights-respecting judgment. The Supreme Court Bench headed by CJI will hear the appeal against the lack of stay on the notification of the FCU tomorrow. Association of Indian Magazines has also challenged the March 13 order & IFF has provided legal assistance.
Follow @IFFinCourt for updates!