Karnataka’s Proposed "Fake News" Law Sparks Debate
Bengaluru, India – The Karnataka government’s proposed "Karnataka Misinformation and Fake News (Prohibition) Bill 2025" has ignited a firestorm of debate, raising concerns about freedom of expression, censorship, and the potential for misuse. The bill, accessed by the Times of India, outlines stringent measures to combat the spread of misinformation and fake news on social media and other platforms.
The proposed legislation calls for the establishment of a six-member social media regulatory authority empowered to ban the promotion and dissemination of fake news, prohibit content deemed insulting to women, and restrict publications that disrespect Sanatana Dharma, its symbols, and beliefs. Furthermore, the bill seeks to prohibit content promoting superstition. These broad categories raise questions about the potential for arbitrary interpretation and selective enforcement.
Penalties under the bill are severe, with individuals found guilty of sharing unverified information facing up to seven years imprisonment or a fine of Rs 10 lakh, or both. The dissemination of misinformation on social media or in publications could result in a two- to five-year jail term and a fine. These offences are classified as cognizable but non-bailable, raising further concerns about potential abuses of power.
The proposed social media regulatory authority’s mandate extends to ensuring that content posted on social media is based on "authentic research" in areas such as science, history, religion, philosophy, and literature. This provision raises questions about who determines what constitutes "authentic research" and the potential for bias in these determinations.
To expedite the legal process, the bill proposes the establishment of special courts overseen by sessions judges, with the concurrence of the Karnataka High Court. These courts would have the power to issue directives to intermediaries, publishers, broadcasters, and other entities controlling communication mediums disseminating misinformation to individuals in Karnataka. Aggrieved parties would have 30 days to respond to notices, and failure to comply with court directives could lead to imprisonment of up to two years and a fine of Rs 25,000 per day, up to a maximum of Rs 25 lakh.
The bill also targets company directors and employees present during violations if their company is found guilty. It recommends appointing special public prosecutors for each special court dedicated to fake news and misinformation cases, in addition to suggesting punitive action under the Bharatiya Nyaya Sanhita against individuals posting fake news.
The bill’s definitions of "fake news" and "misinformation" are also subject to scrutiny. "Fake news" is defined as misquotation, false or inaccurate reporting of statements, manipulated audio or video that distorts facts or context, or entirely fabricated content. "Misinformation" is defined as knowingly or recklessly making false or inaccurate statements of fact, wholly or partially, within the context in which they appear. However, the bill excludes opinions, religious or philosophical sermons, satire, comedy, parody, and other forms of artistic expression, provided a reasonable person would not interpret them as factual statements.
Critics argue that these definitions are overly broad and could be used to stifle legitimate criticism and dissent. The inclusion of Sanatana Dharma as a protected category raises particular concerns about the potential for suppressing dissenting views on religious matters.
The Karnataka government’s proposal comes amid growing concerns about the spread of misinformation and fake news, particularly on social media platforms. However, the sweeping nature of the proposed legislation and the severity of the penalties have raised alarm bells among free speech advocates and legal experts. Concerns have been expressed about the potential for misuse and the chilling effect it could have on legitimate journalistic activities and online discourse.
The bill is currently under consideration and its eventual fate remains uncertain. However, its introduction has already sparked a vital debate about the balance between combating misinformation and protecting fundamental rights. As the digital landscape continues to evolve, finding a solution that addresses the spread of fake news without unduly restricting freedom of expression remains a complex challenge. The Karnataka government’s proposed legislation is a significant development in this ongoing debate and its implications will be closely watched by stakeholders across India and beyond.
Karnataka Also Proposes Separate Bill to Tackle Hate Speech and Hate Crimes
In a parallel move, the Karnataka government has also introduced the "Karnataka Hate Speech and Hate Crime (Prevention and Control) Bill of 2025," aiming to curb hate speech and hate crimes. This bill proposes up to three years imprisonment and a fine of up to Rs 5,000 for those found guilty.
The bill identifies eleven categories as grounds for hate speech and hate crimes, including religion, race, caste, community, sex, gender, sexual orientation, place of birth, residence, language, disability, and tribe. However, it exempts bona fide artistic expression, academic or scientific inquiry, fair and accurate reporting, commentary in the public interest, publication of information, advertisement, or the espousal of religious tenets, beliefs, teachings, or writings that do not advocate hatred.
This bill’s definition of "hate crime" encompasses any action that harms, incites harm, or promotes hatred based on prejudice or intolerance towards an individual due to their perceived characteristics, their family members’ characteristics, or their association with a group sharing such characteristics. "Hate speech" is defined as intentionally publishing, propagating, or communicating anything that could be reasonably interpreted as demonstrating a clear intention to harm, incite harm, or promote hatred.
Similar to the fake news bill, the hate speech legislation aims to address a pressing societal concern. However, its broad definitions and potential impact on free speech raise important questions that require careful consideration. The interplay between these two bills and their potential cumulative effect on freedom of expression in Karnataka remain key areas of concern for civil liberties advocates. The state government will need to carefully navigate these complex issues to ensure that its efforts to combat misinformation and hate speech do not infringe upon fundamental rights.
