Lok Sabha Question No. 1536 (UNSTARRED), answered on 2024-12-04
Subject: Cases of Misinformation and Fake News
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Shri Benny Behanan, Dr. M P Abdussamad Samadani

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO. 1536

TO BE ANSWERED ON 04.12.2024

## CASES OF MISINFORMATION AND FAKE NEWS

## 1536.  DR. M P ABDUSSAMAD SAMADANI: SHRI BENNY BEHANAN:

Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:

(a) the steps taken by the government to combat fake news and misinformation;

(b)  the  number  of  reported  cases  of  misinformation  and  fake  news  in  2024  alongwith  the action taken by the government in this regard;

(c) the details of collaboration with technology companies to ensure compliance with India's IT laws on content moderation and misinformation;

(d) the measures taken to enhance digital literacy among citizens to help them identify and avoid misinformation; and

(e)  the  steps  taken  by  the  government  to  monitor  and  evaluate  the  effectiveness  of  these initiatives in reducing the spread of fake news and misinformation online?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI JITIN PRASADA)

(a) to (e): The policies of Government of India are aimed at ensuring an open, safe, trusted and accountable cyberspace for users in the country. The key initiatives taken by Government of  India  to  address  challenges  of  fake  news  and  misinformation  in  the  cyberspace  are  as under:

The  Ministry  of  Electronics  and  Information  Technology  ('Ministry')  after  extensive consultations with relevant stakeholders, has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ('IT Rules, 2021') in exercise  of  the  powers  given  under  the  Information  Technology Act,  2000.  The  IT  Rules, 2021  cast  specific  due  diligence  obligations  on  intermediaries,  including  social  media intermediaries,  with  respect  to  the  information  to  make  reasonable  efforts  by  itself  and  to cause  the  user  of  their  computer  resource  that  is  not  to  be  hosted,  displayed,  uploaded, published,  transmitted,  stored  or  shared  on  the  platforms.  Intermediaries  are  required  to ensure  their  accountability  that  includes  their  expeditious  action  towards  removal  of  the unlawful information within the timelines prescribed under Rules. For this purpose, unlawful information  comprises  prohibited  misinformation,  patently  false  information,  untrue  or misleading in nature.

IT  Rules,  2021  also  require  the  appointment  of  a  Grievance  Officer  by  intermediaries  to resolve  the  complaints.  Such  Officer  is  required  to  provide  time-bound  redressal  of  the grievances of the victim / complainant against the violation of these rules. In case the victim / complainant is aggrieved by the decision of an intermediary's Grievance Officer or does not receive  timely  redressal,  he  may  prefer  an  appeal  to  the  Grievance  Appellate  Committee within  thirty  days  of  the  receipt  of  communication  from  the  Grievance  Officer.In  case  of failure  to  observe  due  diligence  as  provided  in  the  IT  Rules,  2021,  intermediaries  lose  the exemption from liability for any third-party information, data or communication link, under IT Act.

As  an  additional  due  diligence  measure  in  IT  Rules,  2021,  the  significant  social  media intermediaries('SSMI')(i.e. a social media intermediary having 50 lakhs or above number of registered  users  in  India)  publish  periodic  compliance  reports  mentioning  the  information links that it has removed or disabled using automated tools. An SSMI, among other additional due  diligences,  is  also  required  to  cooperate  with  Law  Enforcement  Agencies  (LEA)  for prevention, detection, investigation, prosecution or punishment by enabling identification of the first originator of information related to the sovereignty and integrity of India, the security of  the  State,  friendly  relations  with  foreign  States,  or  public  order,  or  of  incitement  to  an offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material (CSAM).

Further, to address the emerging harms in the cyberspace like misinformation Ministry has conducted  multiple  consultations  with  industry  stakeholders/  social  media  platforms  and issued advisories through which the intermediaries were reminded about their due-diligence obligations outlined under the Information Technology (Intermediary Guidelines and Digital Media  Ethics  Code)  Rules,  2021.  The  government  regularly  engages  with  technology companies to sensitise them on the due diligence requirements under these Rules.

The  Ministry  has  launched  a  program  titled  Information  Security  Education  & Awareness (ISEA) to generate awareness among users while using internet. A dedicated website has been created  for  information  security  awareness  that  generates  and  upgrades  relevant  awareness material on a regular basis, and can be accessed at https://www.infosecawareness.in.

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