GoI should withdraw parts of the draft Information Technology Rules that require social media companies to take down news articles if the Press Information Bureau identifies them as “fake news”. The regulations also allow GoI and its departments to authorise any other agency to perform this “fact-checking” task on content involving government business. In essence, the regulation gives government, as an Editors Guild of India statement noted, “a carte blanche to determine what is fake or not with respect to its own work”.

Of course, social media is awash with fake news – but credible news media isn’t, and news media, newspapers especially, employ several filters for checking veracity. Regulation of the press, which functions as a watchdog for citizens, is best done by an independent body. Rarely does one hear that news from a credible organisation is fake. Another reason not to involve government is that news often comes from government sources, who prefer anonymity for obvious reasons. Such stories become particularly vulnerable.

The long-practised norm is for governments to reject or deny adverse stories. But the authority to term a story “fake” or “false” and get it taken down, puts government’s powers in a wholly different league, especially if it won’t offer any documentary evidence as to why a story is fake. Such newly acquired powers have the potential to stifle journalism, especially if GoI departments use this to take down critical stories. Among best practices of the Indian press is the publishing of corrections or apologies or voluntary take-down of articles when the sourcing or the facts are dubious and mistakes have been made. When such journalistic traditions are still being practised, arming a battery of government servants with extraordinary take-down powers is completely unnecessary.

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This piece appeared as an editorial opinion in the print edition of The Times of India.

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