Syllabus: GS Paper 3 – Challenges to Internal Security through Communication Networks, Role of Media and Social Networking Sites in Internal Security Challenges, Basics of Cyber Security
Context: Recently, the Government of Tamil Nadu issued an order to establish a Fact Check Unit with the aim of verifying the authenticity of information pertaining to the government across various media platforms.
Source: The Hindu | Editorial dated 21 November 2023
Fact Checking Units by the Governments
- The Information Technology Amendment Rules, 2022
- Amended IT Rules, 2021 provide the government with fact-checking powers.
- Rule 3(1)(b)(v) specifies due diligence expectations for intermediaries, requiring them to inform users about rules, regulations, privacy policies, and user agreements.
- The rule also obligates intermediaries to take measures preventing users from sharing intentional misinformation as identified by the government’s fact-check unit.
- Initial proposed amendments in January 2023 extended fact-checking powers to PIB’s fact-check unit and other authorized agencies, enabling them to fact-check any online content, including government-related information. Intermediaries were mandated to take down such content.
- The final version narrows the scope, allowing only the government fact-check unit to fact-check government-related content.
- The Tamil Nadu government’s Fact Checking Unit
- Tamil Nadu government established a Fact-Check Unit to combat fake news, misinformation, and hate speech.
- Objective is to deter and verify information related to the Government of Tamil Nadu on all media platforms.
- Unit checks announcements, policies, schemes, and initiatives of the state government for authenticity.
- Powers include suomotu cognizance of social media posts, acting on complaints, and using fact-checking tools.
- Verified information categorized as actionable or non-actionable, with legal action initiated for the former.
- Disseminates verified information through social media for public awareness.
What is Fake News/Disinformation
- Fake news has a historical presence dating back to the advent of the printing press.
- In the contemporary age of the internet and social media, fake news has gained significant traction.
- Fake news refers to intentionally fabricated or misleading information presented as genuine news.
- It encompasses a spectrum, spanning entirely fabricated narratives to deceptive headlines and the strategic manipulation of information through selective editing or presenting it out of context.
- This can be disseminated through various media channels, including print, electronic, and social media.
- Its primary objectives often include influencing public opinion for political motives or disseminating misinformation about individuals, entities, or events.
- Fake news proliferates six times more rapidly than accurate information on online platforms.
Fake News in India
- During the Covid-19 pandemic, India faced a substantial amount of misinformation (16%), differing from the West where anti-vaccine narratives were prominent.
- In India, diverse claims, such as immunity and natural remedies, emerged, necessitating specific messaging from the government and experts.
- Despite the emergence of fact-checking initiatives in the country, a 2018 survey revealed that almost 45% of respondents were unaware of any fact-checking organizations.
- In 2020, cases filed under Section 505 of the Indian Penal Code (IPC) against individuals ‘circulating fake/false news/rumors’ increased by 214%, as reported by the National Crime Records Bureau.
Freedom House’s Freedom on the Net report
- Online manipulation and disinformation tactics observed in elections across 18 countries, including the US.
- Both state and non-state actors increasingly deploy automated accounts to manipulate online discussions.
- In Mexico, around 75,000 automated accounts, known as Peñabots, are used to overpower political opposition on Twitter.
- Bots are utilized to drown out activists with hate speech on the web.
Why do we need a fact-checking unit?
- Ensuring Accuracy:
- Verifies information through rigorous research.
- Assesses credibility and truthfulness.
- Distinguishes between reliable data and misinformation.
- Countering Fake News:
- Debunks false claims systematically.
- Identifies misleading narratives.
- Minimizes the impact of false information.
- Promoting Media Literacy:
- Enhances critical thinking skills.
- Encourages questioning and verification.
- Serves as a resource for accurate information.
- Enhancing Transparency:
- Operates with transparency.
- Provides detailed explanations.
- Builds trust, fostering credibility.
- Holding Accountable:
- Exposes those spreading misinformation.
- Identifies and discourages sources.
- Promotes ethical standards in media.
Challenges with State-Sponsored Fact-Checking Units:
- Concerns of Government Overreach: Worries about potential government overreach, particularly in the context of imminent elections.
- Impact on Freedom of Speech: Regulations for significant social media intermediaries and online publishers may compromise freedom of speech.
- Privacy Concerns: Lack of procedural safeguards for law enforcement requests raises privacy concerns.
- Violations of Legal Principles: Tamil Nadu Government Order (GO) perceived as violating established legal principles.
- Chilling Effect on Fundamental Rights: Chilling effect on freedom of speech and expression, a fundamental right under Article 19(1)(a) of the Constitution.
- Need for Legislative Restrictions: Restrictions on freedom of speech should be legislated; a Government Order is not considered a valid legal instrument.
- Undefined Phrasing in GO: Phrase “information related to the Government of Tamil Nadu” not defined in the GO.
- Ambiguity Impacting Freedom: Lack of clarity raises questions about content falling under fact-checking scrutiny. Ambiguity may hinder freedom of speech and expression, affecting citizens’ right to information.
- Lack of Hearing Opportunities: Absence of opportunities for a hearing to the author of the post.
- Government as Judge and Jury: Government acting as judge, jury, and executioner on the authenticity of information, lacking due process.
Government Initiatives
- No Specific Law Against Fake News:
- India lacks a specific law targeting fake news, with freedom of speech under Article 19 of the Constitution governing news publication.
- Press Council of India:
- Regulatory body empowered to warn, admonish, or censure newspapers, news agencies, editors, or journalists for violating journalistic ethics.
- News Broadcasters Association (NBA):
- Represents private television news broadcasters, serving as a self-regulatory body to investigate complaints against electronic media.
- Indian Broadcast Foundation (IBF):
- Addresses complaints against content aired by channels, contributing to the self-regulation of the broadcasting industry.
- Information Technology Act, 2000 (Section 66):
- Provides legal measures against dishonest or fraudulent acts causing damage to computer systems, with potential imprisonment or fines.
What Must be Our Way Forward
- Future legislation should consider the broader context and not solely blame the media.
- Controlling fake news is complex; not controlling trolls could lead to instability, while excessive control could harm democracy.
- Countermeasures should focus on public education, regulation strengthening, and tech companies developing suitable algorithms for news curation.
- India’s strong fact-checking community and leading software industry can form a multifaceted approach to misinformation.
- Can serve as a model for other nations, particularly in the Global South.
- India collaborated with WhatsApp in 2018 to address misleading videos leading to lynchings similar initiatives can be considered.
- Emphasizes teaching people to verify sources, fact-check claims, and discern reliable from unreliable news sources.
- Journalists should adhere to ethical standards and be accountable.
- Media organizations play a role in promoting responsible journalism and fact-checking.
- Use artificial intelligence tools and collaborate with fact-checking organizations for verification.