Context

Recently, the Government of India notified the Fact Checking Unit (FCU) of the Press Information Bureau (PIB) as the official statutory body with powers to police content online regarding the central government under the amended IT Rules.

PIB Fact Check Unit (FCU): Background

• Evolution of PIB Fact Check Unit (FCU): The FCU was set up in 2019 and the amendments to the IT Rules in April 2023 gave the central government the power to extend statutory powers to the FCU.
• Identify Misinformation: Under the IT Rules, the FCU can identify content online regarding “any business of the central government” as “fake”, “false” or “misleading”.
• Regulatory Obligations for Online Intermediaries:  Online intermediaries will be mandatorily required to remove or block such content or otherwise have their safe harbour protection rescinded.
• Emergence of FCU as a Key Regulatory Authority: By being notified as this FCU under the Rules, the PIB’s unit has, overnight, become one of the most powerful regulators in the country.

Principal Objections Against the PIB Fact Check Unit (FCU)

• Lack of Clarity on Role of PIB Fact Check Unit: It is unclear what the PIB Fact Check Unit is meant to do except provide the government more control over online conversations and narratives. 
• Concern over Broad Power to PIB Fact Check Unit: There is no indication for instance of what “false”, “fake”, or “misleading” mean. There is also little clarity on what exactly is the “business of the central government”.
• Ambiguity over Procedures and Exercise of Powers: It is unclear what will be the procedure adopted by the unit in its day-to-day functioning and how its powers will be practically exercised. 
• Philosophical Question:  There is the philosophical question of whether the central government can decide what is true about itself and what is not.
• • Misinformation about a fact should be tackled but it should ideally be done by an independent body and be restricted to the facts alone.
  • In this instance, the central government becomes the judge, jury, and executioner in its own case.

Conclusion

Clear guidelines need to be established for the PIB Fact Check Unit operation and accountability mechanisms need to be ensured  to foster trust and legitimacy in the actions of the FCU.