06-05-2025
To check fake news, government rethinks safe harbour for online platforms
In a bid to disincentivise 'fake news' content, the government plans to revise the guidelines for the intermediary platforms and revisit the 'safe harbour' provisions that protect these platforms, the Ministry of Information and Broadcasting, has according to sources, said replying to questions from the Parliamentary Standing Committee on Communication and Information Technology headed by BJP MP Nishikant Dubey.
In the wake of the Pahalgam terror attack, the government has blocked dozens of YouTube channels citing their proliferation of fake news and national security. While most of the impacted accounts are Pakistani, at least two Indian channels, belonging to influencer Dr. Medusa and the YouTube news channel 4PM News, were also taken off.
Also Read | Fake news has the power to disrupt social fabric of society with the help of new technology: Amit Shah
The Parliamentary panel is scheduled to meet on Wednesday (May 7, 2025) morning. In the written submission made ahead of the meeting, the I&B Ministry, as per sources, said: 'In order to check the menace of fake news, the due diligence for the intermediary platforms could be revisited requiring them to take appropriate steps to remove fake news from their platforms on their own.'
The intermediary platforms enjoy immunity from liability for content posted on their platforms by users under Section 79 of the Information Technology Act, 2000. The provision provides a safe harbour for the intermediaries not holding them liable for the user-generated content as long as they comply with guidelines issued by the Union government.
The government has repeatedly maintained that it plans to make the intermediary platforms more accountable, but has not taken any concrete step. While speaking on the occasion of National Press Day in November 2024, Union Minister for Information and Broadcasting Ashwini Vaishnaw had said that there is a need to revisit the 'safe harbour' provision.
Also Read | Indians fear fake news but are less concerned about press freedom
The I&B Ministry, meanwhile, also expressed that 'self regulation' is the best way to address fake news. For now, it has ruled out bringing a new law to address 'fake news' saying that it would require 'broader consultation and consensus building' especially in view of provisions relating to the freedom of speech and expression in the Constitution.
The government feels that giving a statutory basis to the Fact Check Unit under the Press Information Bureau (PIB), as proposed in the amendments to IT Rules 2021 as above is necessary for checking fake news relating to its plans, programmes and initiatives. The Ministry of Electronics and Information Technology (MEITY) is in the process of filing a special leave petition (SLP) against the judgement of Bombay High Court that struck down the Fact Check Unit's authority to eliminate safe harbour for content on social media platforms that the government has deemed to be misinformation.
