Define ‘Fake News’, Amend Penal Provisions to Take Action: Parliamentary Panel

Syllabus: GS2/Polity and Governance

Context

• A Parliamentary Standing Committee on Communications and IT, released a report titled “Review of Mechanism to Curb Fake News.”

Major Highlights

• Define Fake News: It has asked the government to define the term ‘fake news’ and incorporate suitable clauses in the existing regulatory framework to combat misinformation and protect freedom of speech.
• Amendments: There is a need to amend the penal provisions for publishing/telecasting fake news in relevant Acts/Rules/Guidelines for each form of media (print, electronic, digital).
• Fact Checking Mechanism: Having a fact-checking mechanism and internal ombudsman in media organisations will strengthen the role of self-regulatory mechanism.
• It also urged the government to incorporate clauses while maintaining the balance between combating misinformation and protecting freedom of speech and individual rights.

India’s Disinformation Challenge

• Growing Internet Penetration: India is on track to surpass 900 million internet users, making it highly vulnerable to disinformation without appropriate regulations.
• Diverse Landscape, High Risk: India’s political, social, and linguistic diversity creates fertile ground for manipulated narratives, voter influence, and social unrest.
• Beyond Politics: Disinformation contributes to consumer boycotts, economic conflicts, international tensions.
• Decline of Legacy Media Trust: Public trust in traditional news sources is eroding.
  • Citizens increasingly rely on social media for news.
  • Unverified information spreads rapidly, often trusted because it comes from friends or family.
• Youth at Risk: India’s youth demographic is increasingly exposed to misinformation.
  • Many lack digital literacy and media consumption skills.

Legal and Regulatory Landscape

• Constitutional Limits: Article 19(1)(a) guarantees freedom of speech.
  • Article 19(2) allows restrictions for defamation, morality, and public order.
  • The need to balance free speech (Article 19(1)(a)) with reasonable restrictions (Article 19(2)) is challenging.
• Information Technology (IT) Act, 2000: Section 69A grants the government power to block online content for security or public order concerns.
• Intermediary Guidelines & Digital Media Ethics Code, 2021: Regulates social media, OTT platforms, and digital news media.
• Self-Regulation by OTT Platforms: Platforms like Netflix and Amazon Prime follow self-regulatory frameworks such as the Digital Publishers Content Grievances Council (DPCGC).
• The Central Board of Film Certification (“CBFC”), which was established by the Cinematographic Act, of 1952, is responsible for censoring movies in India. 

Challenges in Digital Censorship in India

• Balancing Freedom of Speech & Regulation: Over-regulation can suppress creativity, while under-regulation can spread harmful content.
• Transparency & Accountability: Content moderation and censorship decisions often lack clear guidelines, raising concerns about misuse.
• Jurisdictional Issues: Many digital platforms operate from outside India, making enforcement difficult.
• Technological Advancements: The rapid evolution of digital media complicates consistent and fair regulation.
• Ethical Concerns: The subjective nature of obscenity laws can lead to arbitrary censorship.

Government Initiatives

• Fact Check Unit: It was established under the Press Information Bureau (PIB) and started its operations in 2019.
  • It was constituted to flag “fake, false or misleading online content related to the government.
• The Sahyog Portal: It was launched by the Ministry of Home Affairs in 2024.
  • The portal acts as a centralized system for government agencies at various levels—ranging from ministries to local police stations—to issue blocking orders more efficiently.

Recommended Measures to Combat Disinformation in India (Global Risks Report 2025)

• Strengthening Technical Capacity & Oversight: Upskill algorithm developers to reduce bias and manipulation in AI systems.
  • Establish AI supervisory boards and councils to monitor and regulate generative AI practices.
  • Mandate regular risk assessments by digital platforms, especially those using AI.
• Boosting Public Awareness & Digital Literacy: Expand digital literacy campaigns to help citizens identify and resist disinformation.
  • Promote critical thinking through educational reforms and public outreach.
• Regulating Big Tech Platforms: Leverage India’s status as the largest market for platforms like Facebook and WhatsApp to demand accountability.
• Protecting Press Freedom: Pass stronger laws to protect journalists and whistleblowers from intimidation and digital harassment.
• Building Global and Regional Alliances: Promote cross-border coalitions to respond to the global nature of disinformation.
  • Share best practices, threat intelligence, and regulatory frameworks with allies and international bodies.

Conclusion

• Disinformation isn’t just a tech issue—it’s a threat to democracy, diversity, and truth.
• Without public awareness and strong policy measures, disinformation will deepen political and societal divisions.
• This trend underscores the pivotal role that social media platforms play, and the urgent need to promote media literacy, critical thinking, and accountability to help people identify reliable information.

Source: TH