The Ministry of Electronics and Information Technology (MeitY) has told the Bombay High Court that the Union government’s impending Fact Checking Unit may only direct removal of false or misleading information pertaining to Government policies and programs, not satire or artist impression.
The affidavit read: “ It is reiterated that the role of the fact check unit is restricted to any business of the Central Government, which may include information about policies, programs, notifications, rules, regulations, implementation thereof, etc. The fact check unit may only identify fake or false or misleading information and not any opinion, satire or artistic impression.”
Affidavit filed in response to plea by standup comedian Kunal Kamra
The affidavit was filed in response to plea by standup comedian Kunal Kamra challenging an amendment to the Information Technology (IT) Rules, which empowers the central government to identify fake news against it on social media.
Seeking dismissal of Kamra’s plea, the affidavit has cited an MIT research paper to show that false news travelled six times faster than the truth, necessitating the 2023 amendment to the IT Rules. The MeitY cited the 2012 Supreme Court judgement directing the Government to come out with an SOP to eliminate child pornography, gang rape videos etc.
The affidavit further expresses fear over people acting on speculative information without an official government announcement and therefore adds that it would be in public interest for “authentic information” to be ascertained and disseminated after fact checking by a government agency “so that the potential harm to the public at large can be contained.”
News organisations has been diluted due to emergence of user-generated content
The social media intermediaries have transformed the consumer into a "producer", states the affidavit. The "gatekeeping" functions performed by traditional information vehicles like news organisations, has been considerably diluted due to the emergence of user-generated content, it highlights.
“With access to smart-phones, cheap internet data and a social media account, users can not only have formation related to their personal experiences, activities, beliefs and opinions but also information related to various factual matters related to the functioning of the democratic governments, thereby adversely impacting democratic discourse,” claims the affidavit.
“… while a common user may not have the available time and resources to verify the information, anti-social and anti-India actors/organisations have been using this feature of social media to deliberately publish and amplify false information,” the affidavit states.
It highlighted the fake information that led to destruction of public property and protests during implementation of the Agnipath Scheme for recruitment in the Indian Armed Forces.
Affidavit gives examples of fake news
The affidavit has also gives several examples of fake news spread through social media which includes a tweet claiming that the Cabinet Committee on Security had taken a decision for the removal of Sikhs from the Indian Army. It also mentions fake information on a YouTube channel, regarding the President approving a ban on the use of electoral voting machines.
Prasar Bharati’s FCU responded to over 39,266 queries and issued over 1,223 fact checks on social media.
It also mentions that the IT Rules 2021 provide for intermediate try to prominently publish details of its Grievance Officer and action must be taken within 72 hours.
The affidavit adds that the rule is in “public interest” and provides an evidence-based-fact-checking system, for a mechanism to deal with fake or false or misleading information resulting in riots, mob lynching and other heinous crimes, including those concerning the dignity of women and sexual abuse of children.
The plea will be heard next week.
