Determination of fake news cannot be in the sole hands of the Govt: Editors Guild of India

The Editors Guild of India has expressed its deep concern over the draft amendment made to the Information Technology Rules, 2021, by the Ministry of Electronics and IT (MEITY), which gives authority to the Press Information Bureau (PIB) to determine the veracity of news reports. Anything termed ‘fake’ will have to be taken down by online intermediaries, including social media platforms. The amendment was uploaded on the Ministry’s website on January 17, 2023.

In a statement issued, the Guild said that the determination of fake news cannot be in the sole hands of the government and added that it would result in the censorship of the press. “Already multiple laws exist to deal with content that is found to be factually incorrect,” the Guild maintained. It further alleged that this new procedure basically served to “make it easier to muzzle the free press”, and would 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.

The statement further noted, “The words “in respect of any business of the Central Government” seems to give the government a carte blanche to determine what is fake or not with respect to its own work. This will stifle legitimate criticism of the government and will have an adverse impact on the ability of the press to hold governments to account, which is a vital role it plays in a democracy.”

The Guild has urged the Ministry to expunge this new amendment, and to initiate meaningful 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 pointed out that it had raised its deep concerns with the IT Rules when they were first introduced in March 2021, claiming that they empowered the Union Government to block, delete or modify published news anywhere in the country without any judicial oversight. “Various provisions in these rules have the potential to place unreasonable restrictions on digital news media, and consequently media at large,” the Guild maintained.