GS Paper 2
Syllabus: Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation
Source: TH
Context: The MeitY notified the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023.
For provisions of the amendments: Click here
About the amendments: It empowers the Union Government –
- To designate an official fact checker for ‘fake news’, and
- To regulate the online real money games (to be certified as “permissible” by a Self-Regulatory Body), where users deposit money in expectation of winnings.
- Permissible: The outcome doesn’t depend purely on chance.
- Not declared permissible: Fall under the betting and gambling
Analysing the recent amendments:
| Pros | Cons |
| ● These amendments remove social media firms’ immunity if they decide to continue publishing ‘fake news’ that has been identified as such.
● Platforms are free to keep content even after it is flagged as ‘fake news’. ● The fact-checking setup will be ○ Credible ○ Independent (following arm’s length principle) ○ Possess the necessary capacity – technical, journalistic – to verify the information. ● Freedom of the press [Article 19 (1)(a)] comes with reasonable restrictions [Article 19 (2)]
|
Violates Shreya Singhal vs Union of India (2015) – A verdict with clear guidelines for blocking content → Govt sets itself as judge, jury and executioner
Similar to censorship → Chilling effect on the fundamental right to speech and expression → legally contentious
Lack of recourse/No right to appeal: No other means of redress for intermediaries before the courts
Amendments were notified without consulting stakeholders/their views were not taken into account |
Conclusion: The dangers of fake news cannot be disputed. However, a system in which a government agency has the authority to judge the reliability of online content should not be used to takedown opinions critical to the government.
Insta Links:
The IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023
