Curbing Fake News in India | 20 Sep 2025

Source:TH

Why in News?

The Standing Committee on Communications and Information Technology in the Parliament has proposed several measures aimed at curbing the spread of ‘fake news’ and misinformation, highlighting the potential harm such content can cause to public order and democratic processes.

What are the Key Recommendations to Curb Fake News?

• Fact-checking Mechanisms: The committee favors making it mandatory for all media organizations to have a fact-checking mechanism and an internal ombudsman to oversee editorial content.
• Penal Provisions: It suggests amendments to laws to increase fines and hold media accountable for editorial content and discourage the spread of misinformation.
  • The panel supports a clear definition of 'fake news' and incorporates it into existing media regulations while ensuring that such efforts do not infringe on freedom of speech or individual rights.
• Strengthening the Press Council of India: Create a complaint portal and an independent monitoring body for better oversight
• Regulation of AI-generated Content: Licensing for AI content creators and mandatory labeling of AI-generated material, such as videos, to enhance transparency and reduce the spread of deceptive material.

What is the Need to Curb Fake News?

• Threat to Democracy: Fake news can manipulate public opinion, especially during elections, undermining the democratic process.
  • Fake news undermines citizens’ right to information, which is protected under Article 19 as upheld by the Supreme Court of India in Raj Narayan vs. Uttar Pradesh Government (1975).
• Disruption of Public Order: Misinformation can lead to violence and unrest, threatening social stability.
  • In 2018, WhatsApp rumors about child kidnappers in India led to mob lynchings across several states, causing deaths and public disorder.
• Erosion of Trust: Fake news reduces trust in media and institutions, making it harder for society to make informed decisions.
  • During the Covid-19 pandemic, misinformation regarding vaccines and treatments circulated widely, causing people to question government health guidelines and delaying vaccination efforts.
• National Security Risks: Misinformation can destabilize nations and create divisions, posing a security threat.
  • In the aftermath of the 2020 anti-Citizenship Amendment Act (CAA) protests, fake news related to the CAA spread, leading to violence and protests in multiple cities, increasing tensions and security concerns.
• Health and Safety Risks: False health information can lead to dangerous behaviors, negatively affecting public health by causing panic, fear, depression, and fatigue.

What are the Challenges in Regulating Fake News?

• Defining Fake News: Defining what constitutes "fake news" is subjective, there is no universally accepted definition making it difficult to distinguish fake news from opinions, satire, or commentary.
• Freedom of Speech: Excessive regulation risks curbing the fundamental right to free speech under Article 19 of the Constitution. Balancing regulation with democratic freedoms is complex.
• Rapid Spread on Digital Platforms: Social media enables instant sharing of content, allowing fake news to go viral before fact-checking can occur. This rapid dissemination makes timely intervention difficult.
  • Many social media platforms are based outside India, creating legal and jurisdictional challenges in enforcement and accountability.
• Technological Complexity: AI-generated content, deepfakes, and automated bots can create highly realistic misinformation that is hard to detect. Laws often lag behind these fast-evolving technologies.
  • The anonymity provided by the internet allows people to spread false information without accountability. This makes it difficult to trace the originators of fake news and hold them responsible.
• Low Digital Literacy: A significant portion of the population lacks the skills to critically evaluate information online, making them more vulnerable to misleading content.
• Risk of Government Overreach: Heavy-handed regulation may be perceived as censorship, potentially undermining trust in authorities and media institutions.
• Political and Social Polarization: In politically or socially polarized environments, people may be more likely to accept fake news that aligns with their beliefs, making it harder to regulate and challenge misinformation effectively.

What are India’s Initiatives to Prevent Spread of Fake News?

• Press Council of India (PCI): Provides guidelines for ethical journalism.
• IT Act, 2000: Empowers the government to regulate intermediaries and online content.
  • Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, intermediaries must not host, publish, or share unlawful content. 
    • Failure to comply with these due diligence obligations results in the loss of safe-harbour immunity under Section 79 of the IT Act
• Press Information Bureau (PIB) Fact-Check Unit: Counters government-related misinformation.
• Election Commission of India (ECI): ECI introduced 'Myth vs Reality Register' to proactively combat mis-information in General Elections 2024. 
  • ECI also conducts campaigns to counter fake news during polls.
• Ministry of Information & Broadcasting Advisory ( 2024): Prohibits promotion of online betting and surrogate ads targeting Indian users.
• Indian Cyber Crime Coordination Centre (I4C): Framework for law enforcement to tackle cybercrimes.
• National Cyber Crime Reporting Portal: Allows citizens to report cybercrimes; routed to State/UT police for action.

What Robust Mechanism can Strengthen Fake News Regulation in India?

• Strengthen Legal and Regulatory Frameworks: Legislation should precisely distinguish fake news from opinions, satire, or dissent to avoid misuse.
  • Singapore’s criminal laws on misinformation and EU’s self-regulatory code provide insights on balancing regulation and enforcement.
• Empower and Institutionalize Fact-Checking: Fact-checking organizations should be certified by a central body, with regular audits to ensure adherence to quality standards.
  • The European Fact-Checking Standards Network offers models for transparency and reliability.
• Platform Accountability and Regulation: They must ensure transparency by disclosing recommendation and amplification algorithms to prevent the viral spread of false information, as exemplified by the EU Digital Services Act, which mandates platform accountability and swift removal of illegal content. 
  • Additionally, platforms should clearly label synthetic or AI-generated content to keep users informed and aware of manipulated or automated material.
• Leverage Technology and AI Responsibly:  AI tools can amplify fake news, but with purpose-built AI tools and human oversight, it can also mitigate it at scale.
  • Community Notes programme and AI tools can integrate BHASHINI  for India’s linguistic diversity to detect context-specific misinformation.
• Promote Media Literacy and Public Awareness: Integrate digital literacy into school curricula and encourage critical thinking and responsible sharing behavior on social media.
  • Use local influencers, fact-checkers, and NGOs to reach linguistically and culturally diverse populations.
• Inter-Ministerial Coordination: Align efforts of MeitY, MIB, MHA, and Consumer Affairs for unified action. Ensure content removal or penalties are subject to review to prevent misuse.