New Delhi, 12 Apr (Agency) The Indian Newspaper Society (INS) on Wednesday expressed deep concerns over the recent amendment of the Intermediary Guidelines and Digital Media Ethics Code and said the entire exercise is “arbitrary and a violation of natural justice.” In a statement, INS said, “Such power is seen to be arbitrary, as it is exercised without hearing the parties, and thus a violation of all principles of natural justice and has the effect of the complainant acting as the Judge”. Recently the government has brought an amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.
The amendment gives power to constitute a “fact-checking unit” to determine what is “fake or false or misleading with respect to any business of the Central Government. The fact-checking unit will also have the power to issue instructions to intermediaries, including social media platforms, Internet Service Providers and other service providers, to not host such content and take out the content if it has been published. The Indian Newspaper Society alleged that the designated agency enjoys “absolute power” to determine what is fake or not, in respect of its own work, and order it to be taken down. “The notified rules do not specify as to what would be the governing mechanism for such a fact-checking unit and what sort of judicial oversight would be available in the exercise of its powers, whether there would be the right to appeal and so on” it said.
“All this, we are constrained to say, tantamounts to censorship of the Press, and thus a violation of the principle of freedom of expression” the statement said. The NewsPaper Society said, “the Ministry had promised to hold consultations with media organisations but no attempt has been made to hold any meaningful consultation with the stakeholders”. “In view of the above facts, and in adherence to the principles of natural justice and the guarantees of freedom of speech and expression enshrined in our Constitution, the Indian Newspaper Society urges the Government to withdraw this notification” it said.