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Question

Explain how fake news and disinformation pose threat to Internal Security and Public Order in Indian context? In this regard, discuss salient features of amendments in respect of Information Technology (Intermediatory Guidelines and Digital Media Ethics Code) Rules 2021.

Threats to Internal Security and Public Order:

  • Communal violence: Muzaffarnagar (2013), Delhi riots triggered by viral doctored videos.
  • Mob lynchings driven by WhatsApp rumours (child-lifting hoaxes).
  • Election integrity: deepfakes and coordinated inauthentic behaviour distorting democratic choice.
  • Radicalisation and terror recruitment through curated propaganda.
  • Panic and economic disruption: pandemic misinformation, bank-run rumours.
  • National security: adversarial information warfare, migrant-exodus panic (2020).

Salient Features of IT Rules 2021 (with 2022 & 2023 amendments):

  • Grievance Redressal Mechanism with resident officers and 15-day resolution.
  • Traceability of originator for significant social-media intermediaries in serious offences.
  • Due diligence obligations; loss of safe-harbour under Section 79 IT Act for non-compliance.
  • Grievance Appellate Committees (GACs) — 2022 amendment — to hear user appeals against content decisions.
  • 2023 amendment: empowered a government-notified Fact-Check Unit to flag false content about government business (later struck down by Bombay HC, 2024, as unconstitutional).
  • Code of Ethics for digital news and OTT platforms with three-tier grievance structure.

Balancing free speech with security remains the core challenge.


 

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Sarvesh Jha

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