IT Rules amendment appears to be direct attempt of Govt to regulate free speech: NBDA

The News Broadcasters & Digital Association (NBDA) has expressed its deep anguish over the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, issued by the Ministry of Electronics & Information Technology (MeitY) on April 6, 2023, thereby amending Rule 3(1)(b)(v) to state “or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify”. 

In a statement issued, NBDA said that the said Amendment “would result in suppression of any legitimate criticism or analysis of the Government, its policies and its actions. This will have a ‘chilling effect’ on the freedom of speech and expression granted to the Media under Article 19(1)(a) of the Constitution”. 

The Association considered a serious concern that by virtue of the said Amendment, “the Ministry has given itself the power to designate a fact check unit which would act as an ‘adjudicator of truth’ and will have unbridled and unfettered right to determine what is ‘fake’, ‘false’ or ‘misleading’.” 

The Association further stated that the said Amendment also directly affects the news media as the ‘intermediaries’ may be coerced by the ‘fact check unit’ designated by the Ministry to take down alleged ‘fake’, ‘false’ or ‘misleading’ news content without following the principles of natural justice. “This would also result in preventing any comment or criticism of the Government. Such excessive powers to regulate content will be conferred on the fact check unit established by the Ministry without any checks and balances and, therefore, its conclusions will not be neutral or independent,” NBDA maintained. 

“The said Amendment appears to be a direct attempt on the part of the Government to regulate free speech. It will result in the intermediaries, a social media intermediary, a significant social media intermediary censoring content/ information at the behest of the Government on vague and ambiguous grounds which grounds are not envisaged by the reasonable restrictions as enumerated by Article 19(2) of the Constitution,” NBDA said in its statement. 

The Association further said that despite the concerns expressed by various media organisations, including the NBDA, the said Amendment has been issued by the Ministry without proper consultation, and has requested MeitY to withdraw the aforesaid amendment.