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Indian Express
6 days ago
- Politics
- Indian Express
Karnataka's Fake News Bill is vague, dangerous and shows how policy-making tools can be used to serve ideological interests
The Karnataka government's proposed Misinformation and Fake News (Prohibition) Bill, 2025, has sparked widespread concern over its potential to stifle free speech and enable state overreach. The Bill prescribes harsh penalties, including up to seven years' imprisonment and fines of Rs 10 lakh for social-media users found guilty of spreading 'fake news'. It empowers a government-appointed authority, headed by the Information and Broadcasting Minister, with sweeping, unchecked powers to decide what qualifies as fake, abusive, or objectionable content. The categories are dangerously vague — terms like 'anti-feminism' or 'disrespect of Sanatan symbols' are left to arbitrary interpretation, paving the way for political censorship. Legal experts warn that the Bill's vague definitions and lack of judicial oversight invite arbitrary enforcement and censorship. It grants the Karnataka government the authority to target critics under the pretext of upholding order, threatening dissenters with prison terms and crippling fines. Far from safeguarding public discourse, the Bill sets the stage for silencing it. This legislation mirrors India's long history of intrusive state control, coming despite judicial rulings that struck down similar provisions in the IT Rules, 2021. Apart from the obvious and necessary critique that this Bill has already received, my commentary focuses more on the preference for strict authority and limited personal freedom in Indian society, which is now inflected systematically through the use of policy-making tools. Both the major Indian political parties, the Bharatiya Janata Party and the Indian National Congress, are guilty of using policies to serve ideological interests. Both fear a digital sphere they can neither predict nor fully control. Unlike traditional media, social-media platforms cannot be easily controlled by merely regulating well-known broadcasters, producers, or media personalities who are already in the public eye. Moreover, despite previous and ongoing efforts by state and national governments to enforce regulatory conditions on social-media platforms for political, ethical, and moral reasons, the algorithmic curation of digital content underscores the inability of these platforms to effectively implement bans — whether on outright posting or on the initial distribution — within and beyond the digital infrastructures that these businesses control. The speed, scale, and decentralisation of digital platforms render old models of censorship ineffective. The state's response to this situation cannot be stripping constitutional powers of the everyday citizens through legal means. The efforts by various state and national governments in India to control the public's expressions on the internet is reminiscent of the Rowlatt Act of 1919, imposed by the British Empire in India, which allowed the colonial government to imprison anyone suspected of terrorism without trial and to ban public gatherings, aiming to suppress nationalist movements. The key difference is that today the strictures are enforced by elected governments who weaponise laws and bills to reshape public opinion and justify bans on digital assembly as necessary to maintain civil order. This phenomenon is not specific to India alone. In June 2021, Hungary's government under Prime Minister Viktor Orbán passed laws that ban sharing content with minors that depicts homosexuality or gender change. While framed as protecting children, critics argue these laws curb freedom of expression and are part of broader efforts to control the media and public discourse. In 2025, the Australian government, led by Anthony Albanese, approved a social media law, banning children under 16 from using platforms like Instagram, TikTok, and Snapchat to protect mental health, sparking global debate over digital rights and youth freedoms. However, what is distinctive in India's case is the mobilising of political cadres and the public to carry out violent acts against citizens who do not conform to their viewpoint. Legal framework and mobilised political affiliates and extremists not only regulate digital space but also enact coercive measures — arrests, internet shutdowns, legal intimidation, and vigilante attacks — against individuals and communities that dissent from majoritarian ideology. A study conducted by academics Prashanth Bhatt and Kalyani Chadha in 2022 reveals how Hindu nationalist supporters of the BJP coordinate harassment campaigns on social-media platforms such as Twitter — through tactics like 'cancelling' journalists, intimidating foreign reporters, and digitally surveilling media personnel — to bolster state-led censorship and suppress dissenting voices in India. The Karnataka Bill, even before being passed, has already created conditions that embolden vigilantes. Its mere proposal legitimises intimidation tactics against cultural workers, activists, and civil society groups. Those who raise uncomfortable truths — whether about the Muda land scam or the Waqf land grab — now face threats, not just from the state's legal machinery but also from its informal enforcers. Like the IT Rules before it, the Karnataka Bill narrows the space for creative freedom and critique — both essential for a vibrant, democratic culture. India's rapid descent in global press freedom indices is no coincidence. The 2025 RSF World Press Freedom Index places India at 151 out of 180 countries, marking it as one of the most dangerous places for independent journalism. The report cites increasing censorship, harassment of journalists, politically motivated arrests, and frequent shutdowns of websites and social media platforms. These trends are especially pronounced during moments of heightened political or military tension, such as in Kashmir or Manipur or during conflicts. It is time for India's political parties to come together for an honest reckoning on the limits of the Constitution, instead of chipping away at constitutional liberties through piecemeal measures. The writer is assistant professor, Centre for Media Studies and Journalism, University of Groningen, and the author of The New Screen Ecology in India: Digital Transformation of Media
Indian Express
03-07-2025
- Politics
- Indian Express
Express View on Karnataka's draft bill on fake news: Don't make it law
Several elements go into making legislation 'bad in law': Vague provisions and definitions that invite misuse; arrogation of power to government authorities without necessary checks and guardrails; difficulties of enforcement or possibilities of selective enforcement and, most importantly, legitimate concerns about infringement on fundamental rights and violation of due process. The Karnataka Mis-Information and Fake News (Prohibition) Bill fulfils these criteria, and more. It constitutes an 'Authority' — headed by the state Information & Broadcasting Minister and made up mostly of lawmakers and officials selected by the government — that is all but certain to act as a censor. It is a bill of bad faith — it enables an exercise of arbitrary power under the garb of rooting out falsehood. It is an overzealous government addressing a complex issue through the bluntest of instruments. India has approximately 700 million smartphone users, and Karnataka is among the states with the highest internet penetration. Can the proposed Authority mine and analyse the vast amounts of data on social media while ensuring that no citizen's right to free speech is violated? More importantly, even if it could, should it? 'Fake news' is defined by the Bill as false or inaccurate reporting, editing that distorts facts and purely fabricated content. Misinformation is 'knowingly' or 'recklessly' spreading falsehoods, with exceptions for religious sermons, satire, and 'artistic expression'. Evidently, the government of Karnataka, not satisfied with setting itself up as the arbiter of Truth, seeks to define Art as well. It also wishes to prosecute what it deems as going against 'feminism' and 'Sanatan Dharma'. The Bill compounds the sin of loosely worded and vague provisions with harsh punishment: Offenders face fines up to Rs 10 lakh, seven years' imprisonment or both. It flies in the face of the letter and spirit of the Supreme Court's judgment in the Shreya Singhal (2013) case and the Bombay High Court verdict on the Centre's IT Rules in 2024, both of which warned against the dangers of ill-defined legal provisions encroaching on free speech. India already has laws on defamation and for protecting 'hurt sentiments', which are often weaponised by governments to curb fundamental freedoms. Karnataka's capital is a hub of innovation, and of a start-up culture that has the potential to propel the state's and the country's economy forward. The government must recognise that innovation and censorship do not go together. Fifty years after the Emergency, the lesson on the dangers of state excess and overreach should have been internalised by Congress governments, including in Karnataka. As Justice Gautam Patel noted in the Bombay HC's 2024 verdict, 'Every attempt to whittle down a fundamental right must be resisted root and branch.' Misinformation and fake news are indeed problems of the present and future. Addressing them requires digital literacy, which involves going to schools to ensure that the next generation is equipped to sift fact from falsehood. Such programmes require finesse, time and the right intent. Not a draconian law — the Bill needs to be binned.
Time of India
27-06-2025
- Politics
- Time of India
Karnataka fake news draft bill raises concerns
The state government's draft proposal Karnataka Misinformation and Fake News (Prohibition) Bill, 2025, placed before the cabinet last week, has raised concern among the stakeholders. Under the bill, the government looks to criminalise and punish those that spread misinformation. Under the draft bill, social media users found guilty can face two to five years in jail. If one posts fake news on social media platforms they can be imprisoned for up to seven years and fined up to ₹10 lakh. Abetment of such offences will also attract a two-year jail term, the 11-page draft read. Priyank Kharge, state's IT-BT minister, told ET that the document is an opinion of a few individuals in the law department and will be thoroughly discussed by the Home and IT department.
Time of India
21-06-2025
- Politics
- Time of India
Posted fake news on social media? Karnataka's new law could send you to jail for 7 years
The Karnataka government is preparing to launch one of the country's most stringent crackdowns on fake news and misinformation on social media . It has proposed the formation of a six-member social-media regulatory authority and special courts with powers to jail offenders and impose hefty fines. Under the Karnataka Misinformation and Fake News (Prohibition) Bill, 2025, accessed by The Times of India, the government proposes to ban the promotion and spread of fake news on social media, prohibit posting of content that insults women, and restrict the publication of material that disrespects Sanatana Dharma, its symbols and beliefs, or content that promotes superstition. If found guilty of sharing unverified information, social-media users could face up to seven years in prison, a fine of Rs 10 lakh, or both. The bill also proposes two to five years' jail and fines for misinformation spread through social media or publications. All these offences will be treated as cognizable but non-bailable. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Play War Thunder now for free War Thunder Play Now The proposed social-media regulatory authority will ensure that online content is based on authentic research, particularly in fields such as science, history, religion, philosophy, and literature. To tighten accountability, the bill proposes the setting up of special courts with the concurrence of the Karnataka High Court, with a sessions judge presiding over one or more districts. These courts will have the authority to issue directives to intermediaries, publishers, broadcasters, or anyone controlling a communication medium that disseminates misinformation to persons in Karnataka. Live Events The proposal allows 30 days for aggrieved parties to respond to any notice issued. If the court's directions are ignored, it can issue simple imprisonment of up to two years and impose a daily fine of Rs 25,000, with a maximum limit of Rs 25 lakh. The bill also proposes action against directors and employees of companies if they were present when their company committed an offence. It recommends appointing special public prosecutors in each special court to handle fake news and misinformation cases. In addition to the provisions in the new bill, punitive action is proposed under the Bharatiya Nyaya Sanhita against individuals who post fake news. The bill defines fake news as any misquotation, false or inaccurate report of a statement, or editing of audio or video that results in distortion of facts or context, including purely fabricated content. Misinformation, as defined by the bill, involves knowingly or recklessly making false or inaccurate factual statements, either wholly or partially, in a given context. However, it excludes opinions, religious or philosophical sermons, satire, comedy, parody, or any form of artistic expression, as long as a reasonable person of ordinary prudence does not interpret such communications as factual.
