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New Delhi: The Center has defended the validity of the new Information Technology (IT) rules before the Delhi High Court, saying the rules seek to prevent abuse of press freedom and protect citizens from fake news in the digital media space, which they did earlier. Were. be largely uncontrolled.
The Center, in its counter-affidavit filed to challenge the constitutional validity of the new IT rules, has said that though the right to freedom of speech and expression, including freedom of the press, is important for a vibrant democracy like India, citizens are not treated as passive consumers. can go.
Submitting that there have been past incidents of disinformation on digital media, leading to disturbances in public order, the Center has emphasized that digital media allows sensational content to be re-telecast in a different context, allowing viewers to is misinterpreted by Used as fake news.
The IT rules ensure freedom of the press by empowering the audience with a mechanism to raise their grievances related to the content being published by digital news publishers through a grievance redressal mechanism with emphasis on a self-regulatory architecture for digital news. Trying to stop the abuse. News publishers, and hence are not only under the purview of the Act, but also meet the object to be procured by the (IT) Act, said a recent affidavit jointly filed by the Ministry of Information and Broadcasting and the Ministry of Electronics and Information. has gone. Technology.
Prior to the notification of the rules, digital news media was largely unregulated. It is submitted that prior to the notification of the Rules, there was no such mechanism at present with respect to news on digital media, leading to a discriminatory imbalance within the news media ecosystem with respect to content on traditional media.
The Information Technology (Intermediate Guidelines and Digital Media Code of Conduct) Rules, 2021, which were notified in February, impose a number of obligations on online entities, including quickly taking down controversial content, appointment and investigation of grievance redressal officers. obligation to assist.
In its affidavit, the Center has claimed that regulation of media content in electronic form, including news and current affairs content and online curated content, is within the purview of the IT Act and the new rules do not provide any additional restrictions beyond . Which is already prohibited by existing laws.
The Center has argued that unlike traditional media, the reach of digital media is much broader than traditional media, which makes it possible for information campaigns by a foreign state and non-state actors to influence public opinion in any country. Makes a powerful tool. .
Online platforms may have a tendency to retain the consumer on their platform for a longer period of time due to commercial reasons. This results in the proliferation and dissemination of news material that appears to be sensationalised. The affidavit states that the risk of false or misleading information on the Internet is high as it can be spread rapidly within the society.
It is an economic environment marked by competition for the eye-ball and regulatory void regarding content on digital media, which has led to the spread of fake news and other potentially harmful content without the accountability of digital news publishers.
The Center also claimed that there was no apparent impact of the new IT regulations on digital content and that over 1,800 digital media publishers, of whom over 97% are publishers of news and current affairs, have appointed a Grievance Redressal Officer (level -) has been appointed. I), and submitted its information to the Ministry.
The high court had earlier issued notice to the Center on petitions by Foundation for Independent Journalism, The Wire, Quint Digital Media Ltd and Pravda Media Foundation, which is the parent company of Alt News.
Quint Digital Media Ltd’s petition challenges the constitutional validity of the IT Rules under the provisions of the Information Technology Act, 2000, as they apply to ‘publishers of news and current affairs material as part of digital media, and consequently regulate them. Entities under rules by government oversight and enforcement of codes of conduct that stipulate vague terms such as the prohibition of ‘good taste’, ‘decency’ and half-truths.
The pleas sought quashing of a specific part of the IT Rules on the ground that it violates Articles 19(1)(a) and 19(1)(g) of the Constitution, which create a chilling effect on the freedom of the media. Article 14 of the Constitution and the IT Act is ultra vires of the Constitution and the IT Act by making an unfair classification and establishing a parallel judicial system to be overseen by the executives.
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