Supreme Court Stay on Centre's Notification of PIB's Fact Check Unit Under IT Amendment Rules 2023
Introduction
On 20th March 2024, the Indian government notified the Fact Check Unit (FCU) under the Press Information Bureau (PIB) of the Ministry of Information and Broadcasting as the Fact Check Unit (FCU) of the Central Government. This PIB FCU is notified under the provisions of Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023).
However, the next day, on 21st March 2024, the Supreme Court stayed the Centre's decision. The IT Amendment Rules of 2023 provide that the Ministry of Electronics and Information Technology (MeitY) can notify a fact-checking body to identify and tag what it considers fake news with respect to any activity of the Centre. The stay will be in effect till the Bombay High Court finally decides the challenges to the IT Rules amendment 2023.
The official notification dated 20th March 2024 read as follows:
“In exercise of the powers conferred by sub-clause (v) of clause (b) of sub-rule (1) of rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Central Government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government.”
Impact of the notification
The impact of notifying PIB’s FCU under Rule 3(1)(b)(v)will empower the PIB’s FCU to issue direct takedown directions to the concerned Intermediary. Any information posted on social media in relation to the business of the central government that has been flagged as fake or false by the FCU has to be taken down by the concerned intermediary. If it fails to do so, it will lose the 'safe harbour' immunity against legal proceedings arising out of such information posted offered under Section 79 of IT Act, 2000.
Safe harbour provision u/s 79 of IT Act, 2000
Section 79 of the IT Act, 2000 serves as a safe harbour provision for intermediaries. The provision states that "an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him". However, it is notable that this legal immunity cannot be granted if the intermediary "fails to expeditiously" take down a post or remove a particular content after the government or its agencies flag that the information is being used unlawfully. Furthermore, intermediaries are obliged to observe due diligence on their platforms.
Rule 3 (1)(b)(v) Under IT Amendment Rules 2023
Rule 3(1)(b)(v) of The Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 [updated as on 6.4.2023] provides that all intermediaries [Including a social media intermediary, a significant social media intermediary and an online gaming intermediary], are required to make "reasonable efforts” or perform due diligence to ensure that their users do not "host, display, upload, modify, publish, transmit, store, update or share” any information that “deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature 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”.
PIB - FCU
The PIB - Fact Check Unit(FCU) was established in November 2019 to prevent the spread of fake news and misinformation about the Indian government. It also provides an accessible platform for people to report suspicious or questionable information related to the Indian government. This FCU is responsible for countering misinformation on government policies, initiatives, and schemes. The FCU is tasked with addressing misinformation about government policies, initiatives, and schemes, either directly (Suo moto) or through complaints received. On 20th March 2024,via a gazetted notification, the Centre notified the Press Information Bureau's fact-check unit (FCU) as the nodal agency to flag fake news or misinformation related to the central government. However, The Supreme Court stayed the Centre's notification of the Fact-Check Unit under IT Amendment Rules 2023.
Concerns with IT Amendment Rules 2023
The Ministry of Electronics and Information Technology(MeitY) amended the IT Rules of 2021. The ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023’ (IT Amendment Rules 2023) were notified by the Ministry of Electronics and Information Technology on 6 April 2023. The rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government” and also made other provisions pertaining to online gaming.
The Constitutional validity of IT Amendment Rules 2023 has been challenged through a writ petition challenging the IT Rules 2023 in the Bombay High Court. The contention is that the rules raise "serious constitutional questions," and Rule 3(1)(b)(v), as amended in 2023, impacts the fundamental right to freedom of speech and expression would fall for analysis by the High Court.
Supreme Court Stays Setting up of FCU
A bench comprising Chief Justice DY Chandra Hud, Justices JB Pardiwala and Manoj Misra convened to hear Special Leave Petitions filed by Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines challenging the refusal of the Bombay High Court to stay the implementation of the IT Rules 2023. The Supreme Court has stayed the Union's notification of the Fact-Check Unit under the IT Amendment Rules 2023, pending the Bombay High Court's decision on the challenges to the IT Rules Amendment 2023.
Emphasizing Freedom of Speech in the Democratic Environment
The advent of advanced technology has also brought with it a new generation of threats and concerns: the misuse of said technology in the form of deepfakes and misinformation is one of the most pressing concerns plaguing society today. This realization has informed the critical need for stringent regulatory measures. The government is rightly prioritizing the need to immediately address digital threats, but there must be a balance between our digital security policies and the need to respect free speech and critical thinking. The culture of open dialogue is the bedrock of democracy. The ultimate truth is shaped through free trade in ideas within a competitive marketplace of ideas. The constitutional scheme of democracy places great importance on the fundamental value of liberty of thought and expression, which has also been emphasized by the Supreme Court in its various judgements.
The IT Rules, 2023,provide for creating a "fact check unit" to identify fake or false or misleading information “in relation to any business of the central government "This move raised concerns within the media fraternity, who argued that the determination of fake news cannot be placed solely in the hands of the government. It is also worth noting that if users post something illegal, they can still be punished under laws that already exist in the country.
We must take into account that freedom of speech under Article 19 of the Constitution is not an absolute right. Article 19(2) imposes restrictions on the Right to Freedom of Speech and expression. Hence, there has to be a balance between regulatory measures and citizens' fundamental rights.
Nowadays, the term ‘fake news’ is used very loosely. Additionally, there is a dearth of clearly established legal parameters that define what amounts to fake or misleading information. Clear definitions of the terms should be established to facilitate certainty as to what content is ‘fake news’ and what content is not. Any such restriction on speech must align with the exceptions outlined in Article19(2) of the Constitution.
Conclusion
Through a government notification, PIB - FCU was intended to act as a government-run fact-checking body to verify any information about the Central Government. However, the apex court of India stayed the Centre's notification. Now, the matter is sub judice, and we hope for the judicial analysis of the validity of IT Amendment Rules 2023.
Notably, the government is implementing measures to combat misinformation in the digital world, but it is imperative that we strive for a balance between regulatory checks and individual rights. As misinformation spreads across all sectors, a centralised approach is needed in order to tackle it effectively. Regulatory reforms must take into account the crucial roleplayed by social media in today’s business market: a huge amount of trade and commerce takes place online or is informed by digital content, which means that the government must introduce policies and mechanisms that continue to support economic activity. Collaborative efforts between the government and its agencies, technological companies, and advocacy groups are needed to deal with the issue better at a higher level.
References
- https://egazette.gov.in/(S(xzwt4b4haaqja32xqdiksbju))/ViewPDF.aspx
- https://pib.gov.in/PressReleasePage.aspx?PRID=2015792
- https://economictimes.indiatimes.com/tech/technology/govt-notifies-fact-checking-unit-under-pib-to-check-fake-news-misinformation-related-to-centre/articleshow/108653787.cms?from=mdr
- https://www.epw.in/journal/2023/43/commentary/it-amendment-rules-2023.html#:~:text=The%20Information%20Technology%20Amendment%20Rules,to%20be%20false%20or%20misleading
- https://www.livelaw.in/amp/top-stories/supreme-court-kunal-kamra-editors-guild-notifying-fact-check-unit-it-rules-2023-252998
- https://www.aljazeera.com/news/2024/3/21/india-top-court-stays-government-move-to-form-fact-check-unit-under-it-laws
- https://www.meity.gov.in/writereaddata/files/Information%20Technology 28Intermediary%20Guidelines%20and%20Digital% 20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf
- 2024 SCC On Line Bom 360
Related Blogs
Introduction
Google.org is committed to stepping ahead to enhance Internet safety and responsible online behaviour. ‘Google for INDIA 2023’, an innovative conclave, took place on 19th October 2023. Google.org has embarked on its vision for a safer Internet and combating misinformation, financial frauds and other threats that come from bad actors. Alphabet Big Tech is committed to leading this charter and engaging with all stakeholders, including government agencies. Google.org has partnered with CyberPeace Foundation to foster a safer online environment and empower users on informed decisions on the Internet. CyberPeace will run a nationwide awareness and capacity-building Initiative equipping more than 40 Million Indian netizens with fact-checking techniques, tools, SoPs, and guidance for responsible and safe online behaviour. The campaign will be deployed in 15 Indian regional languages as a comprehensive learning outcome for the whole nation. Together, Google.org and CyberPeace Foundation aim to make the Internet safer for everyone and work in a direction to ensure that progress for everyone is built on a strong foundation of trusted information available on the Internet and pursuing the true spirit of “Technology for Good”.
Google.org and CyberPeace together for enhanced online safety
A new $4 million grant to CyberPeace Foundation will support a nationwide awareness-building program and comprehensive multilingual digital resource hub with content available in up to 15 Indian languages to empower nearly 40 million underserved people across the country in building resilience against misinformation and practice responsible online behaviour. Together, Google.org and CyberPeace are on their way to creating a strong pathway of trusted Internet and a safer digital environment. The said campaign will be undertaken for a duration of 3 years, and the following key components will run at the core of the same:
- CyberPeace Corps Volunteers: This will be a pan India volunteer engagement initiative to create a community of 9 million CyberPeace Ambassadors/First Responders/Volunteers to fight misinformation and promote responsible online behaviour going far into the rural, marginalised and most vulnerable strata of society.
- Digital Resource Hub: In pursuance of the campaign, CyberPeace is developing a cutting-edge platform offering a wealth of resources on media literacy, responsible content creation, and cyber hygiene translated into 15 Indian regional languages for a widespread impact on the ground.
- Public Sensitisation: CyberPeace will be conducting an organic series of online and offline events focusing on empowering netizens to discern fact from fiction. These sensitisation drives will be taken on by start master trainers from different regions of India to ensure all states and UTs are impacted.
- CyberPeace Quick Reaction Team: A specialised team of tech enthusiasts that will work closely with platforms to rapidly address new-age cyber threats and misinformation campaigns in real-time and establish best practices and SoPs for the diverse elements in the industries.
- Engaging Multimedia Content: With CyberPeace’s immense expertise in E-Course and digital content, the campaign will produce a range of multilingual multimedia resources, including informative videos, posters, games, contests, infographics, and more.
- Fact-check unit: Fact-check units will play a crucial role in monitoring, identifying, and doing fact analysis of the suspected information and overall busting the growing incidents of misinformation. Fake news or misinformation has negative consequences on society at large. The fact-check units play a significant role in controlling the widespread of misinformation.
Fight Against Misinformation
Misinformation is rampant all across the world and requires attention. With the increasing penetration of social media and the internet, this remains a global issue. Google.org has taken up the initiative to address this issue in India and, in collaboration with CyberPeace Foundation taken a proactive step to multiple avenues for mass-scale awareness and upskilling campaigns have been piloted to make an impact on the ground with the vision of upskilling over 40 Million people in the country and building resilience against misinformation and practicing responsible online behavior.
Maj Vineet Kumar, Founder of CyberPeace, said,
"In an era in which digital is deeply intertwined with our lives, knowing how to discern, act on, and share the credible from the wealth of information available online is critical to our well-being, and of our families and communities. Through this initiative, we’re committing to help Internet users across India become informed, empowered and responsible netizens leading through conversations and actions. Whether it’s in fact-checking information before sharing it, or refraining from sharing unverified news, we all play an important role in building a web that is a safe and inclusive space for everyone, and we are extremely grateful to Google.org for propelling us forward in this mission with their grant support.”
Annie Lewin, Senior Director of Global Advocacy and Head of Asia Pacific, Google.org said:
“We have a longstanding commitment to supporting changemakers using technology to solve humanity's biggest challenges. And, the innovation and zeal of Indian nonprofit organisations has inspired us to deepen our commitment in India. With the new grant to CyberPeace Foundation, we are proud to support solutions that speak directly to Google’s DNA, helping first-time internet users chart their path in a digital world with confidence. Such solutions give us pride and hope that each step, built on a strong foundation of trusted information, will translate into progress for all.”
Conclusion
Google.org has partnered with government agencies and other Indian organisations with the vision of future-proof India for digital public infrastructure and staying a step ahead for Internet safety, keeping the citizens safe online. Google.org is taking its largest step yet towards online safety in India. There is widespread misinformative content and information in the digital media space or on the internet. This proactive initiative of Google.org in collaboration with CyberPeace is a commendable step to prevent the spread of misinformation and empower users to act responsibly while sharing any information and making informed decisions while using the Internet, hence creating a safe digital environment for everyone.
References:
- https://www.youtube.com/live/-b4lTVjOsXY?feature=shared
- https://blog.google/intl/en-in/products/google-for-india-2023-product-announcements/
- https://blog.google/intl/en-in/partnering-indias-success-in-a-new-digital-paradigm/
- https://telecom.economictimes.indiatimes.com/news/internet/google-to-debut-credit-in-india-announces-a-slew-of-ai-powered-launches/104547623
- https://theprint.in/economy/google-for-india-2023-tech-giant-says-it-removed-2-million-violative-videos-in-q2-2023/1810201/
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Executive Summary:
A widely used news on social media is that a 3D model of Chanakya, supposedly made by Magadha DS University matches with MS Dhoni. However, fact-checking reveals that it is a 3D model of MS Dhoni not Chanakya. This MS Dhoni-3D model was created by artist Ankur Khatri and Magadha DS University does not appear to exist in the World. Khatri uploaded the model on ArtStation, calling it an MS Dhoni similarity study.
Claims:
The image being shared is claimed to be a 3D rendering of the ancient philosopher Chanakya created by Magadha DS University. However, people are noticing a striking similarity to the Indian cricketer MS Dhoni in the image.
Fact Check:
After receiving the post, we ran a reverse image search on the image. We landed on a Portfolio of a freelance character model named Ankur Khatri. We found the viral image over there and he gave a headline to the work as “MS Dhoni likeness study”. We also found some other character models in his portfolio.
Subsequently, we searched for the mentioned University which was named as Magadha DS University. But found no University with the same name, instead the name is Magadh University and it is located in Bodhgaya, Bihar. We searched the internet for any model, made by Magadh University but found nothing. The next step was to conduct an analysis on the Freelance Character artist profile, where we found that he has a dedicated Instagram channel where he posted a detailed video of his creative process that resulted in the MS Dhoni character model.
We concluded that the viral image is not a reconstruction of Indian philosopher Chanakya but a reconstruction of Cricketer MS Dhoni created by an artist named Ankur Khatri, not any University named Magadha DS.
Conclusion:
The viral claim that the 3D model is a recreation of the ancient philosopher Chanakya by a university called Magadha DS University is False and Misleading. In reality, the model is a digital artwork of former Indian cricket captain MS Dhoni, created by artist Ankur Khatri. There is no evidence of a Magadha DS University existence. There is a university named Magadh University in Bodh Gaya, Bihar despite its similar name, we found no evidence in the model's creation. Therefore, the claim is debunked, and the image is confirmed to be a depiction of MS Dhoni, not Chanakya.
Introduction
The Telecom Regulatory Authority of India (TRAI), on March 13 2023, published a new rule to regulate telemarketing firms. Trai has demonstrated strictness when it comes to bombarding users with intrusive marketing pitches. In a report, TRAI stated that 10-digit mobile numbers could not be utilised for advertising. In reality, different phone numbers are given out for regular calls and telemarketing calls. Hence, it is an appropriate and much-required move in order to suppress and eradicate phishing scammers and secure the Indian Cyber-ecosystem at large.
What are the new rules?
The rules state that now 10-digit unregistered mobile numbers for promotional purposes would be shut down over the following five days. The rule claim that calling from unregistered mobile numbers had been banned was published on February 16. In this case, using 10-digit promotional messages for promotional calling will end within the following five days. This step by TRAI has been seen after nearly 6-8 months of releasing the Telecommunication Bill, 2022, which has focused towards creating a stable Indian Telecom market and reducing the phoney calls/messages by bad actors to reduce cyber crimes like phishing. This is done to distinguish between legitimate and promotional calls. According to certain reports, some telecom firms allegedly break the law by using 10-digit mobile numbers to make unwanted calls and send promotional messages. All telecom service providers must execute the requirements under the recent TRAI directive within five days.
How will the new rules help?
The promotional use of a cellphone number with 10 digits was allowed since the start, however, with the latest NCRB report on cyber crimes and the rising instances and reporting of cyber crimes primarily focused towards frauds related to monetary gains by the bad actors points to the issue of unregulated promotional messages. This move will act as a critical step towards eradicating scammers from the cyber-ecosystem, TRAI has been very critical in understanding the dynamics and shortcomings in the regulation of the telecom spectrum and network in India and has shown keen interest towards suppressing the modes of technology used by the scammers. It is a fact that the invention of the technology does not define its use, the policy of the technology does, hence it is important to draft ad enact policies which better regulate the existing and emerging technologies.
What to avoid?
In pursuance of the rules enacted by TRAI, the business owners involved in promotional services through 10-digit numbers will have to follow these steps-
- It is against the law to utilise a 10-digit cellphone number for promotional calls.
- You should stop doing so right now.
- Your mobile number will be blocked in the following five days if not.
- Users employed by telemarketing firms are encouraged to refrain from using the system in such circumstances.
- Those working for telemarketing firms are encouraged not to call from their mobile numbers.
- Users should phone the company’s registered mobile number for promotional purposes.
Conclusion
The Indian netizen has been exposed to the technology a little later than the western world. However, this changed drastically during the Covid-19 pandemic as the internet and technology penetration rates increased exponentially in just a couple of months. Although this has been used as an advantage by the bad actors, it was pertinent for the government and its institutions to take an effective and efficient step to safeguard the people from financial fraud. Although these frauds occur in high numbers due to a lack of knowledge and awareness, we need to work on preventive solutions rather than precautionary steps and the new rules by TRAI point towards a safe, secured and sustainable future of cyberspace in India.
