The Editors Guild of India on Tuesday wrote to Electronics and Information Technology Minister Ashwini Vaishnaw and urged him to “expunge” the amendments to the IT Rules that seek to direct social media platforms to take down news or information identified as “fake” by the PIB’s Fact Checking Unit.
The Ministry of Electronics and Information Technology (MeitY), on 17 January, released a modification to the draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which it had previously released for public consultation.
The addition in the “due diligence section” for social media intermediaries states an intermediary shall not be allowed to publish information that “deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation” that has been “identified as fake or false by the fact check unit at the PIB of the Ministry of Information and Broadcasting or other agency authorised by the Central government for fact-checking”.
In a letter to Vaishnaw, the Guild asked the ministry to initiate consultations with press bodies, media organisations and other stakeholders on the regulatory framework for digital media, so as to not undermine press freedom.
The Guild said it was “deeply concerned” by the proposed amendment giving sweeping powers to the Press Information Bureau (PIB).
“This new procedure basically serves to make it easier to muzzle the free press, and will give sweeping powers to the PIB, or any ‘other agency authorised by the Central Government for fact checking’, to force online intermediaries to take down content that the government may find problematic,” it said.
The Guild noted that the role of the PIB was limited to disseminating information to news organisations on affairs of the government.
“By this proposed amendment, sweeping regulatory powers are sought to be given to this agency, which is patently illegal and unconstitutional,” it said in the letter.
The Guild reiterated that regardless of the absence of procedures, the amendment was in itself an illegal move as the PIB has no constitutional authority to be a regulator of the press in any capacity.
On 20 January, the Press Association (PA), a representative body of government accredited media persons, asked the government to “expunge” the amendment and also suggested setting up a quasi judicial body on the lines of the Press Council of India (PCI), to bring electronic and digital media and empower it to decide on complaints of fake news.
“The Press Council is already deciding on many complaints on fake news… Bestowing this power to determine and take action on fake news by a purely government body like the Press Information Bureau will dilute and diminish the power, independence of the Council which has been functioning smoothly since 1966,” the PA said in a statement.
The PA said in case the government wants to bring electronic and digital media under the ambit of the Council, it may recommend setting up of a Media Council and the proposal is already with the PCI.
The PA also urged the Union government to expunge this new amendment, and to initiate wider consultations with press bodies, media organisations, and other stakeholders, on the regulatory framework for digital media.
On Tuesday, amid outrage over a plan to give powers to its arm PIB to police fake news on social media, Union Minister Rajeev Chandrasekhar said that the government will next month hold discussions with stakeholders before the proposal is implemented.
