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Karnataka's fake news bill won't survive a court challenge
Karnataka's fake news bill won't survive a court challenge

The Print

timea day ago

  • Politics
  • The Print

Karnataka's fake news bill won't survive a court challenge

The bill deprives social media intermediaries of their statutory immunity from state persecution for user-generated content, a legal protection commonly referred to in internet law as 'safe harbour'. India's nodal Information Technology Act, 2000 (IT Act) provides for safe harbour protections and allows social media companies to host user content with conditional immunity, within a clearly defined legal framework. In contrast, Karnataka's fake news bill proposes to hold social media companies accountable for violating any provision of the proposed law. Karnataka's proposed Misinformation and Fake News (Prohibition) Bill, 2025, is poorly drafted and replete with structural infirmities. It is also at odds with existing central laws and its constitutional validity is questionable. Let's see how. The bill envisions a government-appointed Fake News on Social Media Regulatory Authority, with sweeping powers to preemptively block or ban content it deems illegal. However, it does not clarify how these powers will sync with the safe harbour protections under the IT Act. Without safe harbour protections, social media companies could face a deluge of criminal penalties for content that is difficult to monitor and filter, such as superstitions or unscientific claims, both deemed illegal under the bill. The Authority's blocking powers create a parallel mechanism to the content-blocking procedures already prescribed under the Centre's IT Act. The lack of standard procedural safeguards, such as the need to notify penalised parties or offer them a fair hearing, further disregards the minimum standards set by the IT Act. That law limits content blocking to specific grounds such as public order, sovereignty, and integrity of India, friendly relations with foreign states, or preventing incitement to an offence — all of which correspond to the restrictions under Article 19(2) of the Constitution. Also read: Karnataka's new misinformation bill can penalise social media users for honest mistakes Constitutionality in question Lawmaking in India seems stuck in a time loop: each new attempt to regulate online misinformation repeats old constitutional mistakes. In the past two years, multiple well-intentioned policy interventions have tried to crack the whip on misleading online speech – including the now-withdrawn Broadcasting Services (Regulation) Bill, the Fact Check Unit under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, state-funded media monitoring centres in Maharashtra, Tamil Nadu, and Punjab, and even the Maharashtra Special Public Security Act, 2024. Most constitutional law experts agree that these efforts exceed the permissible restrictions on speech by allowing the state to become the arbiter of truth. The Bombay High Court struck down the IT Rules provision that empowered the Union government to set up a Fact Check Unit. The court ruled that the provision was unconstitutionally vague, exceeded the limits enshrined under Article 19(2), and had a chilling effect on free speech. The Supreme Court of India has also clearly held that free speech may not be restricted on grounds beyond those enumerated in Article 19(2). Restricting speech simply because it is labelled 'fake news' creates confusion among users and social media companies alike, given the broad range of content that could fall under this rubric, from satire to critical reporting on government policy. Any law that restricts misleading speech must be proportionate to be considered constitutional. The definitions of 'fake news' and 'misinformation' in the Karnataka bill are vague, constitute an overreach, and exceed the reasonable restrictions permitted under Article 19(2). For instance, speech can be categorised as 'misinformation' if it is 'prejudicial to public health', a restriction not recognised under the Constitution. The enforcement powers granted to the Authority allow it to judge whether speech is 'disrespectful to Sanatan Dharma', 'unscientific', or 'superstitious'. These catchall and subjective limitations are constitutionally fraught and leave room for government misuse, as well as preventative hyper removal by intermediaries seeking to avoid liability. Also read: Draft DPDP Rules see no difference between India's allies and adversaries on data transfer Lack of independence The functional independence and competence of the proposed Authority are also in question. The bill allows the Karnataka government to constitute the six-member Authority. Its composition includes the Minister for Kannada and Culture, two members from the state legislature, two representatives from social media companies, and one civil servant. This means that a body with sweeping powers to block content critical of the government will be entirely appointed by the executive. It will act as the judge, jury, and enforcer, with no institutional safeguards like fixed tenure, protected salary, or minimum judicial qualifications, which usually guarantee the independence of any regulator. The lack of judicial representation further undermines the Authority's legal prowess to adjudicate what constitutes illegal content. The Karnataka government's concerns about regulating misleading speech may be genuine, but the heavy-handed approach adopted in this bill does not seem to pass constitutional muster. A fixation on penalising false speech or 'fake news' in toto won't survive legal challenge. It is time lawmakers in India realise that the problem of misleading speech cannot be solved through isolated, punitive measures. Instead, the government should focus on building collaborative frameworks with digital intermediaries, who have limited capacities to identify and moderate illegal content amidst the avalanche of posts on their platforms. For instance, YouTube's Priority Flagger Program allows governments and non-governmental organisations to flag potentially illegal content for expedited review. Such models ensure a steady stream of flagged content while preserving procedural fairness and constitutional safeguards. Measures like these should be explored to ensure any restriction on a fundamental right remains within constitutional bounds. The author works at Koan Advisory Group, a technology policy consulting firm. Views are personal. This article is part of ThePrint-Koan Advisory series that analyses emerging policies, laws and regulations in India's technology sector. Read all the articles here. (Edited by Prashant)

What is RBI voice call fraud? What is SBI Rewards fraud? All you need to know to protect your money
What is RBI voice call fraud? What is SBI Rewards fraud? All you need to know to protect your money

Time of India

time02-06-2025

  • Business
  • Time of India

What is RBI voice call fraud? What is SBI Rewards fraud? All you need to know to protect your money

The Press Information Bureau's Fact Check Unit ( PIB Fact Check ) has flagged two dangerous scams currently targeting unsuspecting bank customers across India. The first involves fraudulent voicemails impersonating the Reserve Bank of India (RBI), falsely warning recipients that their bank account will be blocked due to suspicious credit card activity. Victims are urged to press a number to learn more—a classic phishing trap to steal personal information. In a separate alert, PIB has also warned about a fake app scam involving a viral message that invites users to download an application named 'SBI Rewards'. This app is not authorized by the State Bank of India and has been linked to attempts to compromise users' phones via malicious APK files. SBI has confirmed that it does not send reward redemption links or APKs via SMS or WhatsApp. With hackers exploiting social engineering and technical loopholes to trick users into granting full access to their devices, staying alert and verifying sources before clicking on links or downloading apps is more important than ever. Play Video Pause Skip Backward Skip Forward Unmute Current Time 0:00 / Duration 0:00 Loaded : 0% 0:00 Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 1x Playback Rate Chapters Chapters Descriptions descriptions off , selected Captions captions settings , opens captions settings dialog captions off , selected Audio Track Picture-in-Picture Fullscreen This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Text Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Opaque Semi-Transparent Transparent Caption Area Background Color Black White Red Green Blue Yellow Magenta Cyan Opacity Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Drop shadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Mistura chinesa faz cabelo crescer e homem fica irreconhecível Resultados em 30 dias Undo What is RBI voice call fraud? The Fact Check Unit of the Press Information Bureau (PIB) alerted on a fraudulent voicemail scam impersonating the Reserve Bank of India (RBI). These voicemails falsely claim that your bank account will be blocked due to alleged credit card fraud, urging recipients to press a number for more details. The warning is clear: this is a scam designed to steal your personal information. The post warned to be aware of fraudulent calls impersonating the RBI that warn about bank account blocking. Live Events In a social media post on X, the official handle of PIB Fact Check wrote, 'Have you received a voicemail, allegedly from the Reserve Bank of India, claiming that your bank account will be blocked as your credit card has been involved in fraudulent activity. Beware! This is a scam.' Adding further it said, 'If you suspect any central government-related photo, video, or message to be fake, send it to PIBFactCheck.' What is SBI Rewards fraud? In an another social media post, the Press Information Bureau (PIB) has issued a warning about a viral message inviting people to download an app called 'SBI rewards.' This message has been discovered as part of a scam to defraud users. PIB explained that the State Bank of India (SBI) does not transmit links or APK files via SMS or WhatsApp to redeem awards, emphasizing the significance of not downloading unfamiliar files or clicking on questionable links. — PIBFactCheck (@PIBFactCheck) What is APK, APK files to avoid fraud Android ecosystem also allows users to install third party mobile applications and controls on Play Store and also make it possible for hackers to exploit user's android device by making them install APK or by trojanizing a legitimate application. PIB posted on social media X: 'Did you also receive a message asking you to download & install an APK file to redeem SBI rewards? SBI NEVER sends links or APK files over SMS/WhatsApp. Never download unknown files or click on such links.' — PIBFactCheck (@PIBFactCheck)

'Jaishankar Misquoted': PIB Debunks Claim India Informed Pakistan Before Operation Sindoor
'Jaishankar Misquoted': PIB Debunks Claim India Informed Pakistan Before Operation Sindoor

News18

time15-05-2025

  • Politics
  • News18

'Jaishankar Misquoted': PIB Debunks Claim India Informed Pakistan Before Operation Sindoor

Last Updated: The PIB fact check team clarified that Jaishankar was being misquoted and had not made any such statement The Fact Check Unit of the Press Information Bureau (PIB) on Thursday dismissed claims that External Affairs Minister Jaishankar said India had informed Pakistan ahead of Operation Sindoor, New Delhi's military response to the deadly terror attack in Pahalgam on April 22. In a post on social media platform X, the PIB clarified that Jaishankar was being misquoted and had not made any such statement. 'The social media post falsely implies from External Affairs Minister @DrSJaishankar 's statement that India informed Pakistan before the start of #OperationSindoor," the fact check unit stated, along with a screenshot of the original post where the alleged claim was made on Jaishankar. 'EAM is being misquoted and he has not made this statement," PIB wrote, urging people to 'remain vigilant and avoid falling for deceptive information." The claim was made by journalist and author Pravin Sawhney, who wrote on X that Jaishankar had revealed India gave prior warning to Pakistan before carrying out air strikes targeting terrorist infrastructure. Sawhney called the alleged statement 'bizarre" and listed several points criticising what he believed was India's approach. Sawhney, according to his LinkedIn profile, is the Editor of FORCE Magazine India and frequently comments on defence and strategic affairs. Denies Claim On Chinese Satellites In another post, the PIB Fact Check Unit refuted claims circulating on several news channels and social media that Jaishankar said Chinese satellites had assisted Pakistan during its military conflict with India. 'Several news channels and social media posts have claimed that External Affairs Minister @DrSJaishankar stated Chinese satellites helped Pakistan," the PIB posted on X, along with a screenshot of the TV channel's claim.

Pakistani military used ‘doctored footage' to mislead its own people, says PIB Fact Check Unit
Pakistani military used ‘doctored footage' to mislead its own people, says PIB Fact Check Unit

The Hindu

time12-05-2025

  • Politics
  • The Hindu

Pakistani military used ‘doctored footage' to mislead its own people, says PIB Fact Check Unit

The Press Information Bureau's Fact Check Unit on Monday (May 12, 2025) pointed out several 'pro-Pakistan propaganda' posts, including the one in which the Pakistani Director General, Inter-Services Public Relations, used 'a small part' of an Aaj Tak News channel video to falsely claim that an Indian airfield had been destroyed. 'This is an attempt by Pakistan to mislead its own people by producing doctored footage as evidence. The actual story in the full video shows the news channel was talking about the destruction of a Pakistani airfield by Indian forces,' the unit said in its X handle. 'Pakistani military in its briefing has shown a video clip aired on @IndiaTV news channel implying that Indian channels have admitted to destruction of Indian air bases. This is an attempt by Pakistan to mislead its own people by editing and cleverly stitching multiple chunks of a larger video. The actual story in the full video says that the attacks were all intercepted and it shows footage of a Pakistani missile that was shot down,' it said. The unit said a comparative infographic on the said losses on both sides doing the rounds on social media was also fake. 'Fake news peddled by Al Jazeera! @AJEnglish runs false claim that Indian female pilot is in Pakistan's custody. DG ISPR, Pakistan, in its briefing, has clearly stated that they have no Indian Air Force pilot in custody. India has, since the beginning, stated that no Indian Air Force pilot was captured by Pakistan,' said the unit. About the claims of artillery exchange along the Line of Control, the unit said the rumours were being spread to create panic. The claims of 'heavy explosions in Udhampur' were also described by the unit as false in another post, stating that people should rely only on official government sources for accurate information.

Reports of explosion in Udhampur, drone activity J&K are false: Government
Reports of explosion in Udhampur, drone activity J&K are false: Government

India Today

time12-05-2025

  • Politics
  • India Today

Reports of explosion in Udhampur, drone activity J&K are false: Government

The government on Sunday dismissed as "false" social media reports about explosions in Udhampur and drones being spotted in certain areas of Jammu and Kashmir."Claims of heavy explosions in Udhampur are circulating on social media. The claim is FALSE. There have been no explosions in Udhampur," the Press Information Bureau's (PIB) Fact Check Unit said in a post on said these rumours were being spread to create panic and urged people to rely only on official government sources for accurate information. The PIB's Fact Check Unit also dubbed as "fake" claims on social media that drones had been spotted in certain areas of Jammu and Kashmir."This claim is fake. There is no drone activity in Jammu and Kashmir," it said on media has been awash with various claims regarding the recent military conflict between India and Pakistan in wake of the April 22 terror attack in Indian Armed Forces carried out strikes against terror sites inside Pakistan and Pakistan-occupied Kashmir (PoK) in the early hours of Wednesday to avenge the retaliated by sending swarms of drones across the border into India at locations from Leh in Ladakh to Bhuj in Gujarat that were repulsed by the armed forces' air defence reached out to India on Saturday with a request to cease the hostilities that was accepted only after a strong warning that any future misadventure would be dealt with firmly. IN THIS STORY#Operation Sindoor#India-Pakistan

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