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Submission from nasscom on Draft Amendments to the Information Technology Rules Related to Fact Checking of Misinformation
Submission from nasscom on Draft Amendments to the Information Technology Rules Related to Fact Checking of Misinformation

March 6, 2023

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On February 20, 2023, we submitted our feedback to the Ministry of Electronics and Information Technology (MEITY) in response to the call for inputs on the Proposed Amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021) in relation to fact-checking of misinformation. The proposed amendment, which is to Rule 3(1)(b)(v) is here. Our key points of feedback were:

(1) The problem statement needs to be better defined. Specifically: what category of information will government fact-checking units be checking? Will they be checking (i) information made by the Central Government (ii) information about the Central Government or (iii) information in general? The issues at stake vary depending on what the intent is. Thus, the intent and problem to be solved should be made clearer. We also recommend avoiding government fact-checking units from being able to check information falling in categories (ii) and (iii) to avoid potential conflicts of interests from arising.

 

(2) As a standalone point, the existing rule may be strengthened. In the Indian Penal Code, the spreading of rumours is only criminalised if it is established that the speaker intended to cause the harm of provoking enmity between communities or the commission of an offence against the State or public order. This element of “intention to cause harm” is not there in the existing rule, and should be introduced.

 

(3) A dedicated consultation paper is merited. Instead of taking up this proposed amendment, the Government should look to float a dedicated consultation paper that (i) makes the specific problem statement clear (ii) discusses the experience with the existing rule and (iii) invites feedback on alternative options and solutions. Here, the third point is especially relevant, because there are existing legal mechanisms available to consider as alternatives to this proposal, such as appointing fact-checking units to issue takedown notices under the existing rules (provided adequate transparency and procedural safeguards are put in place) or exploring voluntary and collaborative codes of practices.

The submission made to MEITY is attached for your reference. For more information, please write to varun@nasscom.in with a copy to policy@nasscom.in.


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20230125-fakenews-nasscomsubm.pdf

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Varun Sen Bahl
Manager - Public Policy

Reach out to me for all things about data regulation, cybersecurity policy, and internet governance.

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