IT rules are a step towards denying misinformation space on the internet

Source: The post is based on the following articles

“The ‘fact check’ is that Indians will have little choice” published in The Hindu on 15th April 2023.

“IT rules are a step towards denying misinformation space on the internet” published in the Indian Express on 15th April 2023.

Syllabus: GS – 3: role of media and social networking sites in internal security challenges.

Relevance: About amendments to IT Rules.

News: The government recently notified amendments to Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules.

About the amendments to IT Rules

What is the rationale behind the recent amendment to IT Rules?

Regulating misinformation: Misinformation operations for cyberwarfare by state and non-state actors have utilised social media platforms to create civic unrest and for radicalisation and terror recruitment.

In recent times, Covid misinformation, fake cures, financial market misinformation and AI deep fakes have caused and will cause tremendous social and economic harm.

Regulate the state and non-state actor activities: Attacks from state and non-state actor activities against India have become more sophisticated. For example, a) recently, The Washington Post exposed Khalistani elements using bots to conduct misinformation operations against the Indian government, b) In 2019, a network of accounts and pages managed by Pakistan’s ISPR were engaged in malicious, coordinated activity against India on social media platforms.

The scale and diversity of India’s Internet users: India’s internet users vary from children to the elderly. So, proper regulation of information going on the platform is essential.

Note: Rule 3(1)(n) explicitly provides that the fundamental rights of Indian citizens cannot be violated by any platform.

Lax in the enforcement of older IT rules by intermediaries: Under Rule (3) of previous IT Rules, there were nine no-go areas for content on social media, if the platforms were to continue to operate with legal immunity under Section 79. These included child sexual abuse material, religious incitement and misinformation.

But, due to new challenges like AI/deep fakes and the proliferation of anonymous users, bots and fake accounts, the social media intermediaries’ were sloppy in the implementation of the rule (3). This is creating a situation where no one could be held accountable for the content that was false or illegal.

Need a fact-checking government body: This is because a) The government was a target of most misinformation operations, b) Only the government has access to government data, c) any non-governmental entity might not effectively check all the data which is related to government.

International commitment: The G20 Leaders Bali Declaration of 2022 highlighted the need to counter disinformation campaigns as an essential requirement to prevent online threats and promote cyber security.

What are the concerns associated with amendments to IT Rules?

No safeguards: Natural justice requires a transparent process, where a person is provided a fair chance of a hearing and given a legal order. No such safeguard exists in the IT Rules, which could result in a black box of government censorship.

Prevent readers from developing a critical understanding: With the new powers, the government can take down posts swiftly. Thus making the posts inaccessible not only on social media but also on the website of the news portal. Hence, it will prevent readers from developing a critical understanding through a contestation of facts.

Against judicial observations:

-In the State Of U.P. vs Raj Narain (1975) case, the court observed that “the claim of the executive to have exclusive and conclusive power to determine what is in public interest is a claim based on the assumption that the executive alone knows what is best for the citizen”.

-In the R. Rajagopal vs State Of T.N. (1994) case, the SC observed said that “Our system of Government demands… constant vigilance over exercise of governmental power by the press and the media among others. It is essential for a good Government.”

Creates mistrust with government: The design of “fact checking body” which is not insulated, or formed with financial and functional autonomy makes them subservient to government and even political interests.