Rajeev Chandrasekhar: ‘Open to idea of self-regulatory body to certify trusted fact-checkers’

The measure, proposed under the latest changes to the Information Technology Rules, 2021, has drawn criticism from a wide range of stakeholders, including from civil society organisations to associations representing media companies and journalists.

“We are stressing the principle that platforms have asked for, and we believe it is necessary to have some way of creating trusted fact-checkers in the system to help in the issue of online misinformation,” Chandrasekhar told this paper during an exclusive interaction. “Maybe like in the case of online gaming, it could be done through a self-regulatory body. During the consultation process, if somebody shows that they have a self regulatory model that will, in a sense, certify trusted fact-checkers, we are happy to have that.”

A large number of platforms have told the government that there should be a standard framework that will “basically recognise credible and trusted fact-checkers so that there is no dispute over which fact-checker is right,” he said.

“It is important to understand that we are trying to create an institutional mechanism around fact-checking and not trying to retrofit a particular organisation into the process. That is very important to understand,” Chandrasekhar added.

Last week, MeitY proposed that any piece of news that has been identified as “fake” by the fact-checking unit of PIB– the Centre’s nodal agency to share news updates – will not be allowed on online intermediaries, including social media platforms like Facebook, YouTube and Twitter.

The proposal on “fake” news inserted as a postscript to the rules on online gaming further says that content that has been marked as misleading by “any other agency authorised by the government for fact-checking” or “in respect of any business of the Centre” will not be allowed on online intermediaries.

The requirement has been added under due diligence requirements that intermediaries need to follow to enjoy safe harbour, which is legal immunity from third-party content they host. Intermediaries essentially allow users to access services on the internet, and the proposed changes to the rules mean that not just social media platforms but internet service providers and web hosting providers – who are all classified as intermediaries currently – will have to follow the rules if notified with this provision.

Criticising the proposal, the Editors Guild of India in a statement said that the “determination of fake news cannot be in the sole hands of the government and will result in censorship of the press”. The News Broadcasters & Digital Association said it will “have a chilling effect on the media” and should be withdrawn.

Earlier this week, The Indian Express reported that there have been several instances — including reports concerning notices issued by state governments, police forces and the Intelligence Bureau — that the PIB flagged as “fake news” where it later turned out to be mistaken.

On Tuesday, Chandrasekhar told reporters that MeitY will hold a “separate” consultation with stakeholders in February on the latest proposal. On Wednesday, it issued a notification which said that stakeholders can send their comments on the draft amendments until February 20.