Lok Sabha Question No. 2543 (UNSTARRED), answered on 2021-03-10
Subject: Laws Against Fake News
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Uday Pratap Singh

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA UNSTARRED QUESTION NO. 2543

TO BE ANSWERED ON 10.03.2021

## LAWS AGAINST FAKE NEWS

## 2543.    SHRI UDAY PRATAP SINGH:

Will the Minister of Electronics and Information Technology be pleased to state:

- (a) whether  the Government  is  aware  of  the  incidents  of  rumours,  misleading information, fake news and false stories being spread around through various media platforms;
- (b) if so, the details thereof and the reaction of the Government thereto;
- (c) whether the Government is aware of the fact that laws against fake news have been enacted in seventeen countries in past eight months and if so, the details thereof and the reaction of the Government thereto;
- (d) whether the Government proposes to enact any strict laws in this regard; and
- (e) if so, the details thereof?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE)

(a) to (e): Cyber space is a complex environment of people, software, hardware and services on  the  Internet.  With  a  borderless  cyberspace  coupled  with  the  possibility  of  instant communication and anonymity, the potential for misuse of cyberspace and social media platforms  for  criminal  activities  is  a  global  issue.  Governments  around  the  world  are grappling with how to tackle the incidents of rumours, misleading information, fake news and false stories being spread around through various media platforms.

Some countries like Canada, Japan, Nicaragua, Sweden, and the United Kingdom apply relevant provisions of existing civil, criminal, administrative, and other laws regulating the media, elections, and anti-defamation. Others like China, Egypt, France, Germany, Israel, Malaysia, and Russia are choosing to enact new and more focused legislation that imposes sanctions  on  social  media  networks  that  spread  false  news,  usually  imposing  fines  and ordering the removal of information identified as false.

Further,  the  Information  Technology  (IT)  Act,  2000  has  provisions  for  removal  of objectionable online content including fake news/misinformation. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, notified under section 79 of the Act require that the intermediaries shall observe due diligence while discharging their duties and shall inform the users of computer resources not to host, display, upload,  modify,  publish,  transmit,  update  or  share  any  information  that  is  harmful, objectionable,  and  unlawful  in  any  way.  Also,  section  79  of  the  Act  provides  that intermediaries are required to disable/remove unlawful content relatable to Article 19(2) of Constitution, on being notified by appropriate government or its agency or through court order.

Also, section 69A of the IT Act empowers Government to block any information generated, transmitted, received, stored or hosted in any computer resource in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign states  or  public  order  or  for  preventing  incitement  to  the  commission  of  any  cognizable offence relating to above.

Further, the Press Council of India (PCI), a statutory autonomous body set up under the Press Council Act, 1978, has framed 'Norms of Journalistic Conduct' for adherence by the media. These  norms  inter  alia  stress  upon  Accuracy  and  Fairness,  Prepublications,  Verification, distinction between  Conjecture,  speculation,  comment  and  fact  avoiding  sensational/ provocative  headings  and  justification  for  the  matter  printed  under  them,  etc.  In  case  of violation of Norms, as per section 14 of the Act, after holding an inquiry, PCI may warm, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalists as the case may be.

With regard to electronic media, the Cable Television Networks (Regulations) Act, 1995 and the Rules made thereunder, inter alia, provide that no programme shall be carried out which contains anything obscene, defamatory, deliberate false and suggesting innuendoes and half truths.  An Inter-Ministerial Committee (IMC) in the Government looks at specific complaints regarding  violation  of  Programme  Codes  by  private  TV  Channels  and  recommends appropriate action in cases of violation of the Programme Code.

Also,  Ministry  of  Information  and  Broadcasting  has  set  up  a  dedicated  cell  (Counter Misinformation Unit) under Press Information Bureau (PIB) as a measure to counter fake news on policies, schemes, programs etc. by Government of India. The Unit has a presence on prominent social media platforms like Twitter, Facebook and lnstagram. The information is also available on https://pib.gov.in/factcheck.aspx. The unit takes suo moto cognizance of fake news going viral on social media and also on basis of outside complaints.

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