New law to pin fake news on social media firms

New Delhi: Social media firms like Facebook, WhatsApp, Telegram, We Chat and Twitter (a.ka. SNS ot social networking sites) among others will have to enable investigative agencies to trace “originator” of fake news on their platforms, according to amendments proposed by the Narendra Modi government in the  Information Technology (IT) Act, 2000.

It has been proposed that social media companies will have to develop tools to prevent posting of “unlawful information” on their platforms, drawing criticism from activists that it will hamper “freedom of speech” in the online space.

The activists alleged that the move to trace people will force messaging apps to stop encrypting messages, endangering  privacy of their users and increasing possibility of hackers snooping on them.

Internet Freedom Foundation (IFF), formed by a group of volunteers to defend online freedom, said that these amendments “rather than checking misinformation will introduce a China model of censorship” in the country.  

However, the Centre said that it is committed to the freedom of speech and expression and privacy of its citizens as enshrined in the Constitution.

“Government does not regulate content appearing on social networking platform,” said the ministry of electronics and IT.

It said that instances of misuse of social media by criminals and anti-national elements have brought new challenges to the Law Enforcement Agencies.

The  ministry is seeking feedback from the public on the draft amendments by January 15 before taking a final decision.

IFF said that many platforms retain minimal user’s data for electronic information exchange and also deploy end-to-end encryption to provide reliability, security and privacy to users.

End-to-end encryption, Internet Freedom Found-ation, said is used by millions of Indians to prevent identity theft, code injection attacks. “Encryption becomes more important as more of life now involves our personal data.” It alleged that “this is being tinkered with by introducing the requirement of, ‘traceability’.”

The Centre had been asking Whatsapp to help it to identify originator of fake news on  after a number of lynching incidents in the country due to spread of fake news on its platform. However, the social media company had resisted the demand.

The government last week had authorised 10 Central agencies to intercept data on any computer, a move that had triggered a political storm with Opposition accusing the Centre of trying to create a “surveillance state”.

The draft amendments said that social media companies will have to introduce automated tools “for proactively identifying and removing public access to unlawful information or content.” IFF said that this proposed rule “is the most dangerous bit which would be sledgehammer to online free speech. Not abuse, harassment or threats, but legitimate speech by requiring online platforms to become pro-active arbiters and judges of legality.”

IFF alleged that placing such a requirement for a platform to actively sweep its platform would result in widespread takedowns without any legal process or natural justice. It said that such tools have been shown to be faulty, have coding biases and prone to overbroad censorship.

“Should we subject our fundamental right to free speech on the basis of a developing technology measure? AI (artificial intelligence) censorship is the Chinese model of censorship?,” it said.

The proposed amendments said that companies with 50 lakh users in India  will have to  appoint  a nodal person of contact and alternate senior designated functionary in the country, for 24x7 co-ordination with law enforcement agencies and officers to ensure compliance to their orders. They will have to form a company  in India and have a permanent registered office in India with physical address.

The draft amendments said that social media platform will have to remind its users at least once every month, that in case of non-compliance with rules and regulations, they will be barred from using its services.