Tackling Fake News

The issue of curbing "fake news" and misinformation on social media has once again come to the forefront in India. Following the Bombay High Court's decision to strike down a provision in the amended Information Technology (IT) Rules, 2021, which granted the government the authority to identify and flag fake news, a Parliamentary Panel on Communications and Information Technology has called for a review of mechanisms to tackle fake news.

What is Fake News?

• "Fake news" refers to information that is deliberately fabricated or manipulated to deceive the public, often spread through social media platforms or digital news outlets.
• While “fake news” lacks a legal definition in Indian law, the Information Technology Rules of 2021, amended in 2022, require intermediaries to prevent “misinformation or information which is patently false and untrue or misleading in nature” on their platforms. However, “misinformation” also remains undefined in law.
• It includes misleading content, false claims, and disinformation designed to sway public opinion, create confusion, or disrupt social and political harmony.
• Forms: Completely fabricated stories, doctored images or videos, and manipulated headlines.
• Impact: Fake news is of particular concern due to its potential to influence elections, fuel social unrest, and challenge public trust in institutions.

Causes for the Rise in Fake News:

• Internet and Social Media: The rise of social media platforms has made it easier for people to access news, but also harder to determine its credibility. Social media networks amplify the reach of fake news stories, often without adequate fact-checking mechanisms in place.
• Lack of Authenticity Checking: Many individuals share, like, or comment on news items without verifying their authenticity. This lack of scrutiny allows false or misleading information to spread quickly and widely.
• Absence of Codes of Practice for Social Media: Traditional news sources adhered to strict editorial guidelines and journalistic standards. In contrast, the internet and social media platforms often lack regulation and editorial oversight, enabling anyone to publish and share news without accountability.
• Stratified Organization of Fake News: Fake news is no longer an isolated issue but is increasingly organized and strategically disseminated. Political groups or influential organizations may intentionally spread fake news to manipulate public opinion, often targeting specific demographics.
• Vernacular Social Media Platforms: The growing popularity of vernacular social media platforms in India is another factor driving the spread of fake news. These platforms often lack the checks and balances necessary to filter out misinformation, contributing to the problem.

Threats Posed by Fake News:

• Political Threat: Fake news is often used by political parties to polarize voters, which can deepen social divisions and exacerbate tensions. This manipulation of public sentiment can disrupt the democratic process and destabilize societies.
• Economic Threat: Fake news can divert attention from critical economic issues and development priorities. When communal issues become the focus of political debate, economic growth is sidelined, and essential problems are ignored by the government.
• Societal Threat: Fake news has the potential to fragment the social fabric of society. It can foster long-lasting tensions between communities, leading to violence, enmity, and a breakdown in inter-community cooperation.
• International Threat: Deepfake technology, often used in misinformation campaigns, can target foreign governments or organizations to create political chaos. Countries like China and Russia have been accused of using such tactics to influence elections, disrupt political stability, or gain trade advantages.
• Loss of Faith in Media: The proliferation of fake news erodes trust in traditional media, including print, broadcast, and digital outlets. This undermines the role of the media as the "fourth estate" of democracy, weakening its power to hold governments accountable and reducing the public's access to accurate information.

Constitutional provisions in India:

• There is no specific law in India to deal with fake news but there are statutory and self-regulatory bodies to act against dissemination of misinformation. Free publication or broadcast of news in India flows from the fundamental right to freedom of expression as enshrined under Article 19 of the Constitution. However, there are certain legal recourses available for people affected by fake news.
• News Broadcasters Association (NBA): Complaints can be lodged with the News Broadcasters Association (NBA) which represents the private television news and current affairs broadcasters. It is funded by its over 60 members.
• The NBA is the credible voice of news broadcasters to the government.
• It is self-regulatory in nature and probes complaints against news broadcasters in a fair manner.
• Indian Broadcast Foundation (IBF):  IBF was created in 1999 to look into the complaints against contents aired by 24x7 channels.
• Over 650 news channels are in operation today in the country.
• Complaint against any broadcaster can be filed in English or Hindi to IBF online or offline for promoting smoking, abuse or any violent action.
• Broadcasting Content Complaint Council (BCCC): A complaint relating to objectionable TV content or fake news can be filed to the Broadcasting Content Complain Council if a broadcaster incites communal hatred, encourages violence against women or child abuse, airs contents having gory scenes of violence, promotes superstition or consumption of drugs and other contraband substances.

• Amended IT Rules, 2021: The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, brought significant changes to the existing IT Rules, 2021. A key provision in the amendment (Rule 3(1)(b)(v)) expanded the definition of "fake news" to include content related to "government business."
  • Under these provisions, if the government’s Fact Check Unit (FCU) flagged any content that was deemed to be fake, false, or misleading regarding government-related information, social media platforms would be required to take action against the content.

• Defamation: Defamation suit is also a legal tool available in the case of fake news. If a person finds a fake news defamatory s/he can file a civil or criminal case for defamation.
• IPC Section 499 makes defamation a criminal offence. Section 500 provides for punishment for criminal defamation that can extend upto a jail term of two years with or without fine.