Denying truth in guise of fighting fake news
Fake news and the spread of misinformation are a big threat to society and must be dealt with deftly. However, the latest change in the IT Rules and its wording should raise concern. The amendments now “make it obligatory on the intermediaries to not to publish, share or host fake, false or misleading information in respect of any business of the Central Government”. The way the rules are worded could be interpreted as targeting news outlets publishing uncomfortable truths on the grounds that they are fake/misleading. The Ministry of Electronics and Information Technology has clarified that once the government’s fact-checking unit flags any information as fake or misleading, it will not force the platform to remove the same. But the government/government department is free to take legal action against the platform if the same is not removed.
What concerns people is the possible ‘arbitrariness’ in flagging certain information about the government as fake. It could be used to harass those reporting uncomfortable truths about the government or its policies. A few years ago, a rookie business reporter reported that the government was not publishing the Periodic Labour Force Survey by the National Statistics Office as it painted a negative picture of the employment scenario in the country. The government machinery hounded the reporter and the newspaper, calling the report fake. But ultimately, it had to release the same survey, and it turned out that the report was correct. What if such information is flagged as fake, forcing the platform to remove it?
Even if the government meticulously defines the meanings of fake, false or misleading information, there would be enough legroom for it to flag genuine information as fake. The concern is about the possibility of certain information being flagged as fake while ignoring others that show the ruling party in a positive light. The chance of legal action by the government on the platform is a big issue to ignore. How many platforms will have the resources and heft to fight a legal battle against the government? The fight against fake news should not be used as a tool for muzzling free speech.