What are the new IT rules, why the ruckus on PIB fact check?

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amendments to new IT rules

New Delhi: Amid protests, the central government has announced the formation of a body to investigate fake news. Internet companies may lose their privileges if they fail to remove false or misleading information verified by fact checkers from their platforms, the Electronics and IT Ministry said on Thursday after releasing revised rules. The opposition to this decision of the government has intensified. The Editors Guild said that this would adversely affect the freedom of the press in the country. It has also demanded the withdrawal of the rules terming them as harsh.

What is the fact-check body of the government and how will it work? Which mediums will it affect? Why is there opposition to this? What is the stand of the government on the protest? Let us know…

What has happened with fake news now?
The Central Government notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Code of Conduct) Rules, 2021 on Thursday. A body will be formed under this. This body will investigate the contents of internet companies (under this Google, Facebook, Twitter, and all news and non-news companies are included).

If any post or news is found to be misleading or false in the body’s investigation, then the government will order the concerned companies to remove that content. Internet service providers will also have to remove the URL of such content. If the concerned company fails to do so, action will be taken against the concerned company as well. In the case of social media, the user entering the information will also be under the ambit of action.

Minister of State for Electronics and IT Rajeev Chandrasekhar said that internet platforms and social media platforms like Google, Facebook, Twitter, and internet service providers, etc. come under the purview of an intermediary. Privilege law protects the intermediary from legal action for any objectionable content posted online by their users. This has been amended in the new rule. Now, in case of not removing misleading or wrong information, these companies will also come under the ambit of action.

What is Fact Check body and how will it work?
A body will be formed to decide which post or news is fake or misleading. This body will come under the Ministry of IT. This fact-check body will be responsible for fact-checking online content only which are related to the government. Union minister Chandrashekhar said that the ‘do’s’ and ‘don’t’ about the fact check would be shared before it is notified.

He further added that there is a possibility that it will be a PIB fact-check unit that will be notified. The reason why we have not explicitly called PIB Fact Check under the rule is that it has not been notified under the IT rule. Mediators have asked the government to notify a fact checker they can trust about fake information.

Why is there opposition to this?
The institutions associated with the press have strongly objected to the amended rules. The Editors Guild of India (EGI) has said that the new IT rules will have a profound adverse impact on the freedom of the press in the country. In a press note, the organization has also raised questions about the fact-checking unit.

It said that there is no mention that the fact-checking units have judicial oversight, appellate rights, or compliance with the guidelines laid down by the Supreme Court in the case of Shreya Singhal v. Union of India relating to the removal of content or blocking of social media handles. What will be the governing mechanism for EGI claimed that all this was against the principles of natural justice and tantamount to censorship.

The institute further said that the ministry has notified this amendment without any meaningful consultation. The Ministry’s notification of such draconian rules is regrettable. Lastly, the Guild has again asked the Ministry to withdraw the notification and hold consultations with media organizations and press bodies.
Was there a protest before?

amendments to new IT rules

The first ones were proposed in January before the ministry notified the final rules. However, even at that time, there was a lot of opposition to these rules. Thereafter the reference to PIB was dropped in the final draft. Then the Editors Guild of India said that the determination of fake news cannot be in the hands of the government alone and this would lead to censorship of the press. At the same time, the News Broadcasters and Digital Association had said that it would have an adverse effect on the media and should be withdrawn.

What is the stand of the government on the protest?
Minister of State for Electronics and IT Rajeev Chandrasekhar assured that the fact check body attached to the government would work in a credible manner to address the concerns. “When we inform the agency, there will be no doubt in the mind of the people that there will be a misuse of power on the part of the government,” he said. These ‘do’s’ will be a list of guidelines and will have to be followed.

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