In a major legal development, a new proposal in Karnataka aims to impose severe punishment—up to 7 years imprisonment and ₹10 lakh fine—on individuals spreading fake news online. The proposed law also includes a 6‑member social media regulatory authority and special courts aimed at curbing misinformation
What the New Law Proposes
- Prison Term: Up to 7 years for offenders who deliberately spread false or misleading content on social media.
- Fines: Maximum penalty of ₹10 lakh for violations.
- Enforcement Bodies: A six-member social media regulatory authority and special courts dedicated to handling such cases
Objectives Behind the Law
The legislation is a response to the growing threat posed by online misinformation—particularly content designed to incite fear, violence, or affect public order. By setting up oversight mechanisms and stricter penalties, the government aims to hold platforms and creators accountable .
Existing Legal Framework & Comparisons
- Under Bharatiya Nyaya Sanhita Bill 2023, spreading fake news jeopardizing national security can result in up to 3 years imprisonment and unspecified fines
- Other existing provisions in IPC (e.g., Section 505) and the IT Act are used to address misinformation, though often with lesser penalties .
Concerns & Considerations
- Free Speech Risks: Vague definitions of “fake news” may suppress legitimate opinions or criticism—even inadvertently.
- Law Enforcement Burden: Creation of special courts and new authority could demand significant bureaucratic effort and resources.
- Due Process: Ensuring fair trials and avoiding misuse is essential to protect rights.
Looking Ahead
- The proposal is in the draft stage and requires further debate before final approval.
- If enacted, Karnataka may become one of the first states in India with such strict laws.
- This could serve as a model for other states or even national-level regulation.
Conclusion
The proposed law that allows 7 years jail and ₹10 lakh fines for spreading fake news marks a significant escalation in India’s efforts to fight online misinformation. Its success will hinge on balanced implementation and robust legal safeguards to preserve free speech and prevent abuse.
