Effect of Indian Governments fact check unit on independent journalism


The misinformation or even more dangerous disinformation has been more rampant today. That may be more true in the case of social media. Perhaps with an aim to curb the misinformation, the Government of India has come up with a Fact Check Unit under PIB. However, in its amended form, the Fact Check Unit is feared to have a severe impact on independent journalism. Let us check how it can impact the journalism and why journalists are opposing it.

The Indian Government issued a notification on Wednesday notifying the fact check unit under the Press Information Bureau (PIB) as the authorized unit for the Union government. The announcement has been as per the recently amended Information and Technology Rules of 2021.

Before we can analyze the impact that this move can have on independent journalism in India, we will try finding out what is the Fact Check Unit under PIB.

What is PIB's Fact-Check Unit (PIB-FCU)?


The PIB has had its own Fact Check Unit since 2019. It was established in November 2019. The primary aim of the Fact Check Unit is to act as a deterrent for those creating and disseminating fake news and misinformation. It was also designed to provide an avenue for the general public to report misleading or dubious information.
FCU of PIB
The FCU is focused on the following principles and duties -
  • It has a mandatory duty to counter the misinformation on Government policies, initiatives, and schemes. It can do so by its discretion ( suo moto) or based on complaints received.
  • It also detects, counters, and takes action on the false representation of government initiatives.
When news or information is flagged as fake by FCU, the platform that hosts it should take it down as per the IT rules. The telecom service providers are also advised to take action to block the link.

Why did the Government of India decide to notify PIB's FCU as the Fact Check Unit of the Government?


The government decided to notify the PIB's Fact-Check Unit (PIB-FCU) as the Central Govt's Fact-check Unit with a view to the following parameters -
  • It can help address the propagation of fake news. It will help in addressing the misinformation that can cause harm to the society.
  • It will help the social media intermediaries in improving their accountability.
  • It can help improve cybersecurity. One good example is regulating the use of deepfake videos.
  • It can also help in the prevention of hate speech and violence.

What effect it can have on the Independent Journalism?


Several private media houses have raised concerns over the notification and have been worried about the potential impact it can have on independent journalism in India. Of course, their fears are not unfounded. There is perhaps a need to address these concerns and take a proper path to help take the right path.

The impact that it can have on journalism, as outlined by several media agencies -
  • It can cause severe impact on freedom of speech and expression - PIB's Fact Check Unit and its power to censor the content can cause a devastating impact on the freedom of expression (provided to the citizens vide Article 19(1)(a). It can make people hesitate to express their feelings for fear of facing legal consequences.
  • It may be misused by the government - Some media outlets assume that the legal framework offered by this notification can have a detrimental impact on democracy and human rights. They believe that there is a possibility of the government's severe action on the voices that dissent against the government's actions.
  • Lack of clarity - There is no specific definition for fake news or misinformation. It is possible that this can result in some sort of ambiguity and can make the government take actions that may be arbitrary in nature.
  • It may be against the current legal proceedings - The provisions made under the FCU may circumvent the existing legal procedures. This can also go against the spirit of Section 69A of the IT Act.

What should be the right option to follow?


Well, there is a need to contain the misinformation and fake info. However, acute censorship may not be the right option in this context. So, what should be the right option to go forward?

We suggest having a proper consensus between the political parties. The discussions between the different parties, experts in the field, and media representatives can help arrive at a consensus that allows the right means to contain fake info and disinformation.

It may be noticed that the Kunal Kamra v. Union of India (2023) case is still pending a decision. An early decision in this context by the Bombay High Court can help in the proper constitution of the Fact-Checking Unit. It may be noticed that the Supreme Court has stayed the notification of appointing PIB's FCU as the Fact Checking Unit for the government.

Opting for a nonpartisan and independent fact-checking body may be the right choice in the right direction.

The Concluding Thoughts


The initiatives taken by the Government of India to appoint the fact-checking unit of PIB as the de facto FCU of the Government of India have stirred up a hornet's nest. Stakeholders in the media business have been claiming that it can have detrimental effects on the media world and their functioning.

We would foresee an amicable solution to this issue only after the proper interventions and guidelines from the judiciary and an appropriate consensus between all the stakeholders.


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