Karnataka’s Proposed "Fake News" Bill: A Threat to Free Speech and Democratic Discourse
A leaked draft of the Karnataka Misinformation and Fake News (Prohibition) Bill, 2025, has sparked widespread concern over its potential to stifle free speech and online expression. While the state government has yet to officially release the bill, the leaked draft reveals a troubling framework that empowers the government to police online content with excessive and vaguely defined powers. The bill proposes sweeping new criminal offenses targeting "misinformation" and "fake news," with penalties ranging from hefty fines to imprisonment for up to seven years. This poses a significant threat to ordinary social media users who could face prosecution for sharing inaccurate information, even inadvertently. The bill’s broad definitions of prohibited content have raised alarm bells, as they could encompass a wide range of expression, including satire, comedy, and even minor factual errors. Critics argue that the bill’s vague language leaves it open to arbitrary and selective enforcement, potentially targeting those who criticize the government or express dissenting views.
Adding to these concerns is the proposed establishment of a "Fake News on Social Media Regulatory Authority" chaired by the state information minister. This body would have the power to ban content deemed "fake," "abusive," "anti-feminist," or "disrespectful of Sanatan symbols and beliefs," among other categories. Critics fear this concentration of power in a government-controlled body, without adequate representation from independent experts or civil society, could lead to censorship and the suppression of legitimate dissent. The lack of clear guidelines and procedures for identifying and removing content raises further concerns about transparency and accountability. The authority’s power to recommend criminal prosecution under the Bharatiya Nyaya Sanhita also gives it enormous sway over the legal process.
The bill’s procedural safeguards are also woefully inadequate. While the draft mentions special courts to handle cases related to the bill, there is no clear mechanism for independent review or appeal against the Authority’s decisions. This lack of due process could leave individuals with little recourse against wrongful accusations or takedown orders. The bill also undermines the "safe harbor" principle for online intermediaries by introducing criminal liability for hosting "fake news," potentially leading to overzealous content removal by platforms to avoid prosecution. Concerns regarding the process of determining what constitutes misinformation are also paramount given the non-bailable nature of the offense under the bill. The accused can be jailed before the trial even begins until and unless the Special Public Prosecutor and the court are convinced of their innocence; this stands in contrast to the traditional presumption of innocence until proven guilty.
Legal experts and civil society groups have raised serious concerns about the bill’s constitutionality, arguing that its vague definitions and excessive penalties violate fundamental rights to free speech and expression. The bill’s provisions could have a chilling effect on online discourse, discouraging individuals and media outlets from sharing information or expressing critical opinions for fear of prosecution. The bill’s broad scope, coupled with its vague definitions and harsh penalties, could stifle online discussions and create an environment of fear and self-censorship. The lack of a defined threshold for what constitutes misinformation or fake news further amplifies these concerns. The bill’s potential to stifle public discourse and undermine democratic values cannot be ignored.
The Internet Freedom Foundation (IFF) has strongly criticized the bill, calling it unconstitutional and opaque. The IFF has urged the Karnataka government to immediately publish the official draft and conduct a multi-stakeholder consultation before proceeding with the legislation. The IFF has also warned that the bill, in its current form, could be challenged in court. The lack of transparency surrounding the bill’s drafting process has also drawn criticism. Despite promises of "strict action on fake news" in its election manifesto, the Congress government has kept the draft bill largely under wraps, with limited public consultation or input from relevant stakeholders. The fact that the state’s IT department, which oversees the Information Technology Act, was not consulted on the draft further underscores the government’s opaque approach.
The controversy surrounding the bill highlights the growing global debate over regulating misinformation and fake news. While the need to address harmful online content is undeniable, many argue that overly broad and punitive measures can backfire, undermining fundamental freedoms and creating a chilling effect on legitimate expression. It remains to be seen whether the Karnataka government will heed the concerns raised by civil society and reconsider the bill’s problematic provisions. The ongoing debate surrounding the bill highlights the urgent need for a nuanced and rights-respecting approach to tackling misinformation, one that protects free speech while addressing genuine harms. Striking the right balance between these competing interests is crucial for preserving democratic values and fostering a vibrant public sphere.
