Online fact-checkers may need to register with Govt: Data Protection Bill

A key reason behind the classification is that the Centre wants to prescribe specific rules to different types of intermediaries. For fact-checking platforms, one of those rules could be to seek registration from a government body, it is understood.

The upcoming legislation is a key component of a “comprehensive legal framework” that the government is preparing for the online space. It also includes the draft Digital Personal Data Protection Bill, 2022, the proposed Indian Telecommunication Bill, 2022, and a policy for governance and handling of non-personal data.

“The Ministry is in the final stages of drafting the Bill. For fact checkers, there is a consideration that they should be registered with the government,” the official said. “There is also a plan to not register ‘non-legacy’ fact checking bodies.”

The IT Ministry did not respond to a request for comment until publication.

A draft of the Digital India Bill could be released by the end of June, or early July, the official said. The Indian Express had earlier reported that the IT Ministry could classify deliberate misinformation, doxxing, impersonation, identity theft, catfishing, and cyberbullying of children as offences under the new Bill. User harms related to emerging technologies, including generative AI platforms like ChatGPT and Google’s Bard, will also be addressed in the Bill.

The Bill could also upend some of the underlying principles that govern online platforms currently, including rewriting norms for safe harbour.

Over the past few months, the Centre has attempted to tighten the noose around fact-checking online content – first, it notified the Information Technology Rules, 2023 in April this year, setting the stage for the creation of a government-backed fact check unit that will be empowered to label online content related to the Union government as “fake” or “misleading”.

Content flagged by the government body will have to be taken down by online intermediaries like social media platforms as a condition for ensuring safe harbour, the legal immunity they enjoy over third-party content. The measure has attracted significant backlash – including a court case – with calls being made to repeal the provision.

In a case against the government fact-check body in the Bombay High Court, the Centre has said that it will not notify the body until July 5. The Indian Express had earlier reported that the unit is likely to have four members — a representative from the IT Ministry and one from the Ministry of Statistics and Programme Implementation, a “media expert” and a “legal expert”.

Separately, it is also in conversation with the industry to develop a self regulatory organisation for fact-checking information which does not relate to the government. Top social media platforms, including Meta and Google, have shown interest in recognising a self regulatory body being formulated by a network of fact-checkers — called the Misinformation Combat Alliance — who will verify dubious content posted on their platforms.