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Fact Check Unit

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November 22, 2023

Why in news?

Tamil Nadu government recently ordered the creation of a fact check unit to verify the authenticity of information about the government on all media platforms.

What are the provisions of fact check unit?

  • Objective- To act as a deterrent to creators and disseminators of fake news. 
  • To combat misinformation, disinformation and hate speech.
  • Power- The unit can take suo motu cognisance of any information related to the government for fact-checking or act on complaints from various sources.
  • Key components – It includes
    • Social Media Cell- To propagate the news about the government’s welfare schemes and initiatives.
    • Central task force (CTF)- Based in Chennai, it is the official fact check unit of the State.
  • Complaint processing- The CTF will use fact-checking tools and government sources to sort the complaints into actionable or non-actionable categories.
  • Legal action- The CTF will seek advice from the legal and police departments and forward the actionable complaints to the relevant authorities.
  • IT Rules 2021- It is created in reference to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, issued by the Central government to regulate 
    online content and platforms.

fact-check-units

Why fact check unit is unconstitutional?

  • Against Article 19- It violates the freedom of speech and expression guaranteed by Article 19(1)(a) of the Indian Constitution.
  • Curbs dissent- The fact check unit could potentially censor any dissenting or critical views of the government.
  • Affect media’s independence - It could undermine the role of independent media and journalism.
  • Lack of clarity- The unit lacks clear criteria for determining what constitutes fake, false or misleading information.
  • Political interference- The fact check unit could be influenced by political or ideological biases and arbitrarily label any information as false or misleading, without providing evidence or justification.
  • Infringes Article 21- It could access and monitor the online activities of the users and compel the intermediaries to disclose their personal information thus infringing the right to privacy.
  • Limitations of GO- The constitutional right to express opinions and information can only be restricted by a law passed by the State, not by a Government Order (GO).
  • Lack of fair hearing- The order does not give a chance for the author of the post to defend themselves, and gives the government the power to decide and act on the authenticity of the information.
  • Conflict of interest- The government becomes the judge, jury, and executioner on the authenticity of information.
  • State run fact check unit- European Commission’s Code of Practice on Disinformation constitutes independent network of fact-checkers, but the State run units will harm the society.
  • Exceeded authority- It exceeds the scope of Information Act, 2000 under which it is established.
  • The intermediaries could lose their independence and efficiency due to the unit, which could burden them with excessive and unjustified duties, without any legal authority or approval.
  • Centre’s FCU- The Centre’s constitution of FCU under IT rules, 2023 is put on hold after it was challenged before Bombay High Court.

Centre’s Fact Check Unit

  • The Centre has decided to create an FCU to track fake and misleading news related to the government on online platforms such as Facebook and Twitter.
  • Amended IT rules 2021- It allows the IT ministry to appoint a fact-checking body that will take a call on whether online information related to the Union government is accurate.
  • Safe harbour protection-The online intermediaries will have to take down the content labelled as fake by the FCU or lose their legal immunity against third-party content online.

What lies ahead?

  • The monitoring network should follow principles of natural justice including giving prior notice, right to appeal and judicial oversight.
  • FCU need to be transparent and non-discriminatory to prevent selective application.

 

References

  1. The Hindu- Unconstitutional fact check unit
  2. The Hindu- Why Tamil Nadu’s FCU is opposed
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