Centre notifies fact check unit under IT rules ahead of general elections

The Centre on Wednesday notified the setting up of a fact-checking unit (FCU) for monitoring news related to its business, weeks ahead of the general election.

The dedicated unit will be set up under the Press Information Bureau (PIB), the Union Ministry of Electronics and Information Technology said, adding that the FCU will be set up under IT rules, 2021.

"In exercise of the powers conferred by sub-clause (v) of clause (b) of sub-rule (1) of rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Central Government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government," the notification said.

Section 3 (1) (b) (v) of the IT rules directs an intermediary to make efforts to cause the user of its computer resource not to host, display, upload, modify, publish, transmit, store, update, or share any information that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature.

This means that the unit will take a call on the authenticity of news related to the Central government, including on social media platforms such as X, Facebook.

Responding to the notification, the Internet Freedom Foundation (IFF) - a digital rights group - said on X, “The establishment of the FCU less than a month before the country heads for the general elections could vastly affect the nature of free speech on the internet as it holds the potential to be (mis)used for proactive censorship, most importantly in the context of dissent.”

“Establishing an FCU at the sole discretion of the Union govt to determine the veracity of online information related to the latter violates the principles of natural justice & poses a huge threat to online free speech & the right to receive information online,” IFF said.

The notification came a week after the Bombay High Court refused to grant an interim stay on setting up an FCU under the IT Rules to identify fake and false content on social media against the government. The order was passed on applications filed by standup comedian Kunal Kamra and others seeking a stay on the notification of the FCU pending the final disposal of their pleas against the IT Rules.