The Government has flagged the growing risks posed by fake, false and misleading content on digital platforms. Freedom of speech is guaranteed under Article 19 of the Constitution. At the same time, the Government is also cognisant of the risks posed by inaccurate information online.
The Government has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, under the Information Technology Act, 2000. Part III of these Rules provides for publishers of online curated content (OTT platforms) and requires them not to transmit any content prohibited by law.
The Code requires publishers to undertake age-based classification of content into five categories, based on general guidelines provided in the Schedule to the Rules. It also provides that OTT platforms must put in place safeguards to restrict age-inappropriate content for children.
The Rules further provide for a Code of Ethics to be followed by publishers of news and current affairs, including adherence to the Programme Code under the Cable Television Networks Act, 1995, and the Norms of Journalistic Conduct under the Press Council Act, 1978. The Programme Code and Norms of Journalistic Conduct require publishers not to disseminate content that is inaccurate, misleading, false, or half-truths.
A Fact Check Unit has been set up under the Press Information Bureau, Ministry of Information and Broadcasting, in November 2019 to check fake news relating to the Central Government. After verifying the authenticity of news from authorised sources in Ministries and Departments of the Government of India, the Fact Check Unit posts correct information on its social media platforms.
All programmes and advertisements telecast on private satellite TV channels are required to adhere to the Programme Code and Advertising Code laid down in the Cable Television Networks Rules, 1994, framed under the Cable Television Networks (Regulation) Act, 1995.
These codes lay down parameters to regulate content on such TV channels. The Programme Code provides that no programme should be carried which contains anything obscene, defamatory, or deliberate false and suggestive innuendos and half-truths.
