Information Technology Rules 2023

Why in News?

• On April 6, 2023, the Ministry of Electronics and IT (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 to amend the IT Rules 2021.
• This amendment authorises the central government to designate a "fact check unit” to identify "fake or false or misleading" information in respect of "any business of the central government."

 

Introduction to IT Rules, 2023

• Initially, this amendment only contained provisions for regulating online gaming companies. But later MeitY published a new draft that included "fact-checking powers."
• As per the new rules, the government's fact-check unit will have the power to flag any "government-related" content as"fake or false or misleading."
• The flagged content must be removed by all intermediaries.
  • These intermediaries include internet service providers (ISPs) and file hosting companies as well.
• If any intermediary fails to comply, they will be at risk of losing protections guaranteed by "Section 79 of the IT Act, 2000" – Safe harbour.
  • Section 79 of the IT Act, 2000 absolves intermediaries of liability for content posted by its users.

 

What are the concerns over IT Rules 2023?

• The IT Rules 2023 do not define what constitutes "fake or false or misleading.
• The rules contain detailed criteria for self-regulatory organisations; gaming platforms.
  • These MeitY-certified self-regulatory bodies are given protections such as qualification criteria and pre-decisional hearings.
  • These protections do not exist for "fact check units."
• These rules violate the Supreme Court's Shreya Singhal vs Union of India (2013) judgement, which laid down strict measures for blocking contents.
  • The SC determined that in order for intermediaries to be in compliance with Section 79 and the IT Rules, they must have real knowledge of the unlawful activities via a court order or notification from the relevant authorities.
  • These are reasonable restrictions under Article 19(2) of the Constitution. However, Article 19(2) does not contain the phrases “fake or false or misleading”.
• The government has empowered itself to bypass the Section 69A (of IT Act 2000) process for blocking content.
  • The fact check unit will be empowered to issue a takedown order to all intermediaries across the internet stack, potentially bypassing the process statutorily prescribed under Section 69A of the IT Act, 2000.
• These new rules pose a challenge to Freedom of Speech. The government could flag any news or article that is critical to the government policies as fake, false, or misleading.

 

Criticism from the industry

• The Editors Guild issued a statement stating that “determination of fake news cannot be in the sole hands of the government.”
• Editors Guild stated that“What is further surprising is that the Ministry has notified this amendment without any meaningful consultation that it had promised.”
• Indian Newspaper Society argued that the amendments would allow the government to “proscribe any criticism of its actions.”

 

Criticism to the previous amendments to IT Rules 2021

• The IT Rules 2021 have undergone an amendment every year.
• The Bombay HC observed that these changes could “starve people of the liberty of thought,” while the Madras HC noted that “a wink or a nod from appropriate quarters may result in the platform being inaccessible to a citizen.”
• The Union government contested these cases and sought their transfer to the SC.
• The government introduced further amendments, creating grievance appellate committees that allow social media users to appeal content moderation decisions of the government.

 

Conclusion

• With this amendment in IT Rules 2021, the government has given itself the power to determine what the truth is.
• Without defining what constitutes "fake, false, or misleading," IT Rules 2023 will have serious implications.

 

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Q1) What are some key amendments made by the government to IT Rules? 

1. Government could flag any central government related content as fake, false or misleading.

2. Once flagged, content must be removed by all intermediaries. 

3. If any intermediary fails to comply, the government could initiate legal action. 

 

Q2) What are some key concerns over new IT Rules, 2023? 

1. There is no clear definition of fake, false or misleading. 

2. Protections such as qualification criteria and pre-decisional hearing do not exist for “fact check units.” 

3. These rules violate the SC’s judgement Shreya Singhal vs The Union of India (2013). 

4. These rules could pose a challenge to freedom of speech.

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Source: Indian Express