In India, the dissemination of fake news is addressed through a multifaceted legal framework encompassing various laws and regulations. The Indian Penal Code (IPC) contains provisions that can be applied to cases involving fake news and misinformation. Sections such as 153 (provocation with intent to cause riot), 153A (promoting enmity between different groups on the grounds of religion, race, etc.), and 505 (statements conducing to public mischief) can be invoked to address instances where fake news leads to violence, communal disharmony, or public disorder.
The Code of Criminal Procedure, 1973 (CrPC) provides the legal framework for investigating and prosecuting criminal offences in India. It includes provisions that can be applied to cases involving fake news, such as the power to conduct searches, seize evidence, and arrest individuals involved in disseminating false information.
In recent years, the need for intermediary liability and regulations to address the spread of fake news has been highlighted. The Indian government aimed to hold intermediaries accountable for the dissemination of false information and proposed amendments to the Information Technology Act, 2000 (IT Act) to address this issue more effectively. These developments culminated in the notification of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021. Although they do not directly address fake news, the Rules require online intermediaries and news publications to comply with certain baseline measures for addressing the issue of fake news and misinformation.
However, due to the alleged draconian nature of the Rules, they are facing several legal challenges in Indian courts. One problem is that the attempts by the government to regulate fake news have a tendency to make the government the sole arbiter of what is true and what is false. This is problematic, particularly in democracies, because governments are run by political parties which have a vested interest to present one version of ‘the truth’ at the cost of others.
While the Indian government’s efforts to tackle fake news are commendable, several challenges persist. The sheer volume and speed at which misinformation spreads on social media platforms pose a significant challenge. The lack of awareness and media literacy among certain sections of society also hampers the effectiveness of these initiatives. Importantly, striking a balance between curbing fake news and protecting freedom of speech is a delicate task, as government overreach may cause a chilling effect on free speech and much-needed critical journalism.
0 Comments