Indian Newspaper Society disapproves of new govt rules on ‘fake news’

New Delhi,  April 13: The Indian Newspaper Society (INS) has 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.

In a statement issued on Wednesday, INS said it is “deeply disturbed” by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. “As per the newly notified rules, the ministry will enjoy the power to constitute a fact-checking unit, which will have sweeping powers to determine what is ‘fake or false or misleading’ with respect to ‘any business of the central government.’

The said fact-checking unit will also have the power to issue instructions to intermediaries, including social media platforms, Internet service providers and other service providers, to not host such content and take out the content if it has been published,” the INS said.

Such power is seen to be arbitrary, as it is exercised without hearing the parties, and thus a violation of all principles of natural justice and has the effect of the complainant acting as the judge,” the statement said.

“It is also to be noted that the so-called fact-checking unit can be constituted by the ministry through a simple notification published in the Official Gazette. The notified rules do not specify as to what would be the governing mechanism for such a fact-checking 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,” the INS said.