The Indian Newspaper Society (INS) on Wednesday demanded the immediate withdrawal of a notification that allows the government to set up a 'fact checking unit' to flag fake news to internet intermediaries and social media.
In a statement, the INS said the government made no attempt to hold any “meaningful” consultation with stakeholders before notifying the amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules though it was earlier forced to withdraw its initial draft.
It urged the government to hold “widespread and meaningful consultations” with stakeholders such as media organisations and press bodies before coming out with any notification which would have serious implications on the profession of media and its credibility.
It said the Ministry would enjoy the power to constitute the fact-checking unit, which will have “sweeping power to determine what is fake or false or misleading” on government related news. This unit would have the power to issue instructions to concerned people to take down reports, it said.
“This would have the effect of the government or its designated agency enjoying absolute power to determine what is fake or not, in respect of its own work, and order it to be taken down. 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 INS said.
The fact-checking unit can be constituted through a simple notification and the notified rules do not specify as to what would be the governing mechanism for such a unit, what sort of judicial oversight would be available and whether there would be the right to appeal, it said.
“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 statement said.
(Published 12 April 2023, 11:08 IST)
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