June 6 is not a national holiday, clarified by PIB after fake social media claims

On March 20, 2024, the Government of India officially designated the Press Information Bureau’s (PIB) Fact Check Unit (FCU) as the authorized fact-checking body under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021). This move aims to combat the spread of misinformation related to the Central Government’s activities across digital platforms

Legal Framework and Mandate

The notification, issued by the Ministry of Electronics and Information Technology (MeitY), empowers the PIB FCU to identify and flag online content that is “fake,” “false,” or “misleading” concerning any business of the Central Government. This authority is granted under sub-clause (v) of sub-rule (1) of Rule 3 of the IT Rules 2021

Operational Scope

Established in November 2019, the PIB FCU’s primary objective is to deter the creation and dissemination of fake news and misinformation pertaining to the Government of India. The unit actively monitors, detects, and counters disinformation campaigns, ensuring that false information about the government is promptly exposed and corrected

Implications for Digital Platforms

Under the IT Rules 2021, intermediaries like social media platforms are obligated to make reasonable efforts to not host or publish information that has been identified as false by the government’s fact-check unit. Failure to comply may result in the loss of “safe harbour” protections, which shield platforms from liability for user-generated content

Public and Legal Reactions

The notification has sparked debates concerning press freedom and potential censorship. Critics, including the Editors Guild of India and the News Broadcasters & Digital Association, argue that granting the government authority to determine the veracity of information could suppress dissent and legitimate criticism

Legal challenges have been mounted against the notification. Notably, comedian Kunal Kamra filed a petition in the Bombay High Court, contending that the amendments could be used to silence government critics under the guise of combating fake news .

The Supreme Court of India has since stayed the Union Government’s notification on the PIB Fact Check Unit, citing concerns over freedom of speech and expression .

Conclusion

The formal notification of the PIB’s Fact Check Unit under the IT Rules 2021 represents the government’s intensified efforts to address misinformation related to its operations. However, the move has ignited significant discourse on the balance between combating fake news and upholding democratic freedoms. As legal proceedings continue, the ultimate impact of this development on India’s information ecosystem remains to be seen.