Indian Newspaper Society seeks withdrawal of new rules on fact-checking

INS says the amendment would have the effect of the government or its designated agency enjoying ‘absolute’ and ‘arbitrary’ power to determine what was fake or not in respect of its own work

The INS has said that the new IT rules would have the effect of the government or its designated agency enjoying “absolute” and “arbitrary” power to determine what was fake or not in respect of its own work. Photo used for representational purpose only. | Photo Credit: Freepik

The Indian Newspaper Society (INS) on Wednesday urged the Centre to withdraw the IT Rules amendment notified on April 6, stating that it would have the effect of the government or its designated agency enjoying “absolute” and “arbitrary” power to determine what was fake or not in respect of its own work, and order its takedown from Internet platforms.

It also sought “widespread and meaningful consultations with stakeholders such as media organisations and press bodies before coming out with any notification which would have serious implications on the profession of media and its credibility”.

The amendment empowers the Ministry of Electronics & Information Technology (MeitY) to constitute a fact-checking unit which will ascertain what is “fake or false or misleading” with respect to “any business of the Central government”. The unit will also have the authority to issue instructions to intermediaries, including social media platforms, Internet Service Providers (ISPs) and other service providers, to not host such content or remove them.

“Such power is seen to be arbitrary, as it is exercised without hearing the parties, and thus a violation of the principles of natural justice and has the effect of the complainant acting as the judge,” said the INS statement. It said the notified rules did not specify as to what would be the governing mechanism for such a unit, what sort of judicial oversight would be available in the exercise of its powers, whether there would be the right to appeal and so on.

All this, we are constrained to say, tantamounts to censorship of the Press and thus a violation of the principle of freedom of expression, said the Society.

The INS said the Ministry had earlier promised to hold consultations with the media organisations and bodies, when — following criticism — it was constrained to withdraw the draft amendments it had put out in January. “It is a matter of regret that no attempt has been made by the Ministry to hold any meaningful consultation with the stakeholders before notifying this amendment,” it said.