Social media as a community-building tool?
Many of us were drawn to the doors of social media owing to nostalgia. It was a revolution of a kind when Google introduced the popular social networking site “Orkut” in 2004. Social media became an innocuous tool for connecting ourselves to old friends and colleagues. It would not be an exaggeration to say that social media made us pleasantly happy by connecting us. However, as the famous saying goes, everything in excess is opposed to nature. Our addiction to social media dragged us into its evils to the extent that social media, used to connect with old friends, gradually became a tool for picking a quarrel with them owing to political and ideological differences. The transformation of social media from a tool for connecting people to a tool for dividing communities took place in a brief span. Nowadays, spending a few minutes on social media makes us so biased that we start hating people only because they adhere to a different political ideology. The political venom spread on social media may even put Joseph Goebbels to shame. Albeit, reluctantly, every political party admits to using social media to woo followers.
Cambridge Analytica data scandal
The infamous Facebook–Cambridge Analytica data scandal exposed us to the misuse of social media by British consulting firm Cambridge Analytica, which collected personal data belonging to millions of Facebook users without their consent in the 2010s. The data was predominantly used for targeted political advertising and exposed the misuse of social media in disseminating political propaganda.
Dawn of Fake News
Thereafter dawned the era of fake news which consumed our minds, thought processes and social relations through targeted propaganda. Social media platforms like WhatsApp, Twitter, Facebook, YouTube, Instagram and TikTok have become ubiquitous forms of communication to express opinions within society. There are about 692 million active internet users across India as of 2023, out of which about 470.1 million are active social media users, representing about 33.4% of the total population. Due to low data costs and greater reach within the population, social media has evolved into a dangerous weapon for circulating fake news, undermining the country’s security, sovereignty and social fabric. There is no acceptable definition of ‘Fake news’ available to date. Key individuals and institutions involved in research on the subject worldwide avoid using the term ‘fake news’ and instead refer to it as ‘disinformation’. Fake news in India broadly refers to disinformation, misinformation or mal-information.
Perils of Fake News
Fake news has emerged as a towering problem in India, leading to riots in the past. For example, in 2013, a fake video circulated on social media triggered the Muzaffarnagar riots in Uttar Pradesh, which left over 60 dead and thousands displaced. India has a well-organised and carefully-executed operation of spreading disinformation by some vested interests. Recent debates over the authenticity of the videos showing the spate of attacks on north Indians in Tamil Nadu speak volumes regarding chaos caused by fake news. The irony about fake news is the allegation against the self-proclaimed fact-checkers for spreading fake news. Fake news can have serious consequences, and it is essential to take measures to prevent it.
Social media has become a popular medium for sharing information and knowledge, but it is also become a medium for spreading disinformation, hate and propaganda. The Chief Justice of India recently spoke about the dangers of fake news in this digital age at the Ramnath Goenka awards ceremony, where he was the chief guest. He said that fake news poses a severe threat to the independence and impartiality of the press in the current society and that it is the collective responsibility of journalists and other stakeholders to weed out any element of bias or prejudice from the process of reporting events. Fake news can misguide millions of people at once, which will directly contradict the fundamentals of democracy, which form the bedrock of our existence.
Legislations against Fake News
Ministry for Electronics and Information Technology (MeitY) introduced the Draft Information Technology (Intermediaries Guidelines) Rules, 2018, to strengthen the regulatory framework to make social media platforms more accountable under the law. Draft Rules 2018 fell under delegated or subordinate legislation framed under the enabling provisions of Section 79 of the I.T. Act, 2000. Subsequently, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, was promulgated. The I.T. Rules, 2021, as amended from time to time, apart from other things, imposes a legal obligation on intermediaries to make reasonable efforts to prevent users from uploading objectionable content. The provision ensures that the intermediary’s obligation is not a mere formality. The 2022 amendment requires intermediaries to respect the rights guaranteed to users under Articles 14, 19 and 21 of the Indian Constitution, therefore, includes a reasonable expectation of due diligence, privacy and transparency. To give more teeth to the law, recently, a draft amendment to the I.T. Rules was proposed, which interalia proposed that a) the intermediaries (social media platforms) must remove any information identified as false or fake by the fact-checking unit of the Press Information Bureau (PIB), or any other centrally authorised agency from their platforms, to avoid liability for such content; and b) the self-regulatory bodies [SRB] must evolve a framework to test, verify, and register games such that the sovereignty, integrity, and security of the country are secured.
The proposal to remove any information identified as false or fake by the fact check unit of the Press Information Bureau (PIB), failing which the social media platforms will lose “safe harbour immunity”, which guarantees social media protection against any illegal and false content posted by their users, has now become a bone of contention between the political parties. A tweet dated 7 April 2023 by Sitaram Yechury quoted, “Sweeping powers to the Press Information Bureau to censor the content posted on social media platforms is draconian, anti-democratic and unacceptable. Censorship and democracy cannot coexist.” The said tweet was replied to by Rajeev Chandrasekhar, Union Minister of State for Electronics & Technology, by quoting, “There are NO Sweeping powers – neither is it “draconian”. I.T. rules already have provisions from Oct 2022, which mandate Social Media intermediaries not to carry certain types of content if they are to have legal immunity under Sec79 of the I.T. Act. Social Media Intermediaries will now have to help them a new credible Fact checking unit for all Govt related content. Social Media intermediaries will have the option to follow or disregard fact-checking findings. If they choose to disregard fact-checking, the only consequence is that the department concerned can pursue a legal remedy against social media intermediaries”.
Is the amendment draconian? Politics behind it
In the spirit of democracy, it is essential to debate whether the proposed amendments to I.T. Rules 2021 are draconian and anti-democratic, as quoted by Sitaram Yechury, but at an appropriate stage. However, at this stage, initiating steps to curb fake news is quintessential, as such news can mislead millions of people and undermine our nation’s security, sovereignty and social fabric. The debate over who should be entitled to be a fact-checker is pointless, as some self-proclaimed fact-checkers have already exposed their bias against the government and communities by spreading selective news. Political rivalry should not hinder the government’s initiative to curb the menace of fake news by speculating without even giving it an opportunity to see the light of day.
Akhilesh Sheshmani Dubey is an Advocate & Solicitor practising in Mumbai.