Government defends fact-check, says false information can intensify conflict

(This story originally appeared in on Apr 22, 2023)

The Centre’s affidavit before the Bombay high court has justified its new ‘fact check panel’ rule saying false information on social media has “potential to fan separatist movement, intensify social and political conflict, while weakening public trust in democratic institutions.”

In response to a petition by stand-up comic Kunal Kamra against the constitution of a government-run fact-checking unit, it pointed to emerging tech like AI and sophisticated tools that have potential to create deep fakes and “motivated” content; these could be used by “anti-social and anti-India organisations” on social media to “deliberately publish and amplify false information.”

It also said that the majority of news-related information on social media was “user generated content” produced by consumers with “cheap” internet access. Unlike mainstream news outlets and journalists, they lack the time and resources to verify what they generate, said the Centre’s affidavit.

The Centre said Kamra’s challenge against the rule for setting up a fact-check unit to weed out ‘fake, false or misleading posts’ online about the Central government is premature as the panel is not even constituted yet.

“…there is no potential of alleged irreparable injury to the petitioner,” said the reply by V Chinnasamy, scientist with the ministry of electronics and IT to Kamra’s plea against the constitutional validity of rule 3 (i) (II) (C ) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules of 2023. Kamra had alleged it violates citizens’ fundamental rights to equality and freedom of speech as well as the right to choose a trade.

“False and misleading information can adversely impact electoral democracy, the economy and social fabric, with severe and lasting damage,” said the Centre’s reply, adding, “in matters of public interest, misleading content on social media platforms influences citizens’ perceptions of reality and creates doubts.”

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The Centre said Kamra’s plea is “an abuse of process of law” and is “mala fide as it dwells upon imaginary consequences…without identifying any incident or event that has occasioned him harm.” It was “pertinent” to note that Kamra “earlier faced charges of criminal contempt for gross insinuation against the SC” said the Centre. The HC will hear Kamra’s petition on Monday.

The Centre also cited provisions of its rule-making powers, especially for safeguards to block access to public in the interest of India’s sovereignty, security, public order.