Question

In the Indian context, explain how fake news and misinformation pose a threat to internal security and public order. Discuss the salient features of amendments under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Detailed Solution

India’s digital public sphere has become a critical arena for information exchange, but speed, virality and anonymity can turn misinformation into a security and governance challenge. An ISB-linked study found ~60% of 500+ fake-news items (2022–24) concerned politics and religion, highlighting its potential to undermine electoral integrity and social cohesion.

Threat to Internal Security and Public Order

  1. Communal Polarisation: False claims, inflammatory videos & manipulated content can intensify existing social tensions; during periods of violence, as seen during the fragile security situation in Manipur.
  2. Electoral Integrity: Fake information aboutEVMs, polling & electoral procedures can undermine public trust; ECI's Myth vs Reality Register documented multiple false claims during 2024 Lok Sabha elections, including fake polling videos and voting-related misinformation.
  3. Deepfake & Impersonation Threat: AI-generated audio/video can falsely portray public figures, enabling mass deception & reputational harm; 2024 deepfake of actor Rashmika Mandanna demonstrated how synthetic media can convincingly impersonate real individuals.
  4. Public Order Disruption: Rapidly circulated rumours can trigger panic, mobilisation and social tensions before verification; during COVID-19, fake content created an“atmosphere of extreme fear” among people.
  5. National Security: Coordinated disinformation can exploit social divisions & influence public narratives; during Operation Sindoor, more than 1,400 URLs carrying anti-India propaganda/misinformation were blocked, highlighting information warfare as security concern.
  6. Governance & Trust Deficit: Persistent misinformation can erode trust in institutions and official communication; viral child-lifting rumours in 2018 triggered mob attacks in multiple States, showing how false narratives can undermine confidence in law enforcement mechanism. 

Salient Features of Amendments to IT Rules, 2021

  1. Stronger Intermediary Due Diligence: The2022 amendment requires intermediaries to make reasonable efforts to prevent users from uploading or sharing prohibited content & explicitly requires respect for users'constitutional rights.
  2. Faster Action against Misinformation: The framework requires platforms to act against misinformation, patently false information & impersonation, with failure potentially resulting in loss of Section 79 safe-harbour protection.
  3. Grievance Redressal: Users gained a stronger appellate mechanism through Grievance Appellate Committees, providing an avenue against decisions of intermediary grievance officers.
  4. Regulation of Synthetic Content: Amendments seek to regulate Synthetically Generated Information by requiring platforms to make AI-generated/deepfake content identifiable through labelling or metadata, along with measures for user declaration and verification. 
  5. Platform Verification: Significant social media intermediaries (crossing 50 lakh Indian user threshold) must require users todeclare synthetic content& deploy reasonable technical measures to verify such declarations before publication.
  6. Fact-Check Provision:2023 amendment proposal sought removal of information identified as fake by government-notified fact-checking mechanism; however, this proposal generated concerns regarding government overreach & freedom of speech.

IT Rules: Curbing Misinformation & Deepfakes

  1. 2026 IT Rules require platforms to label AI generated content & embed permanent metadata, enabling users to identify synthetic content;
  2. Users must declare Significant Generative AI (SGI) content, while Significant Social Media Intermediaries (SSMIs) undertake reasonable technical verification;
  3. These measures strengthen content provenance, platform accountability & public awareness against deepfakes and misinformation;

India needs a “safe, open, trusted & accountable Internet” through proportionate regulation, transparent fact-checking, platform accountability & digital literacy, while distinguishing harmful disinformation from legitimate criticism & satire. This balance, grounded in Articles 19(1)(a) & 19(2), can protect internal security & public order without compromising democratic freedoms.

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