Karnataka Proposes Stringent Anti-Fake News Law with Hefty Penalties and Special Courts
The Karnataka government is poised to introduce a new law aimed at combating the spread of misinformation and fake news, particularly on social media platforms. The draft Karnataka Mis-information and Fake News (Prohibition) Bill, 2025, proposes significant penalties, including imprisonment of up to seven years and fines reaching ₹10 lakh, for offenders. The Bill, which has been under development for two years, seeks to address the growing concern of false and misleading information impacting public health, safety, law and order, and elections. It also includes provisions to block content deemed anti-feminist, obscene, or disrespectful to "Sanatan symbols," raising concerns about potential censorship. The proposed legislation would establish a new regulatory authority and special courts to enforce its provisions, marking a significant step in the state’s efforts to control online content.
The draft Bill defines "misinformation" as knowingly or recklessly making a false statement, while excluding opinions, satire, parody, and artistic expressions easily recognizable as non-factual. "Fake news" encompasses actions such as misquoting, manipulating audio or video to distort context, and fabricating content. The legislation targets both individuals and companies, including social media platforms, holding them accountable for content disseminated on their networks. This broad scope of accountability aims to address the multifaceted nature of online misinformation and its potential sources. The proposed law reflects the government’s commitment to tackling the challenge of fake news and maintaining public order.
Penalties under the draft Bill are substantial, ranging from two to five years’ imprisonment and fines for spreading misinformation that threatens public health, safety, or elections. For those disseminating fake news, the penalties are even more severe, with potential jail terms of up to seven years and fines of up to ₹10 lakh. Abetment of these offenses is also punishable by up to two years in jail. To ensure efficient prosecution, the government plans to establish Special Courts presided over by Sessions Judges, dedicated to handling cases under this law. Offenses are categorized as cognisable and non-bailable, with strict conditions for granting bail, reflecting the seriousness with which the government views these offenses. Specialized Public Prosecutors with at least seven years of experience will be appointed to these courts.
The Special Courts will have broad powers, including issuing "Correction Directions" to counter misinformation and "Disabling Directions" to block access to offending content. Non-compliance with these directives could lead to further penalties, including additional jail time and fines up to ₹25 lakh. This emphasis on swift action and strong deterrents underscores the government’s intent to address the rapid spread of misinformation online. The Bill also holds companies and their responsible employees accountable for violations, unless they can demonstrate due diligence or a lack of awareness of the offense. Appeals against Special Court decisions can be made to the Karnataka High Court, providing a mechanism for review and potential redress.
The cornerstone of the enforcement mechanism is the proposed six-member Fake News on Social Media Regulatory Authority, to be chaired by the Minister for Kannada and Culture. This authority will include representation from the Legislative Assembly and Council, social media platforms, and an IAS officer serving as secretary. Meeting at least twice a month, the Authority will be responsible for enforcing the ban on fake news, abusive, and obscene content, including material deemed anti-feminist or insulting to women. The Authority’s mandate also extends to prohibiting content that disrespects "Sanatan symbols and beliefs" or promotes superstition, and ensuring that only content based on authentic research in fields like science, history, religion, philosophy, and literature is permitted online. This wide-ranging mandate raises concerns about potential overreach and the restriction of legitimate expression.
The draft Bill has drawn criticism from digital rights advocacy groups, including the Internet Freedom Foundation (IFF), which has expressed concerns about potential partisan enforcement and the chilling effect on free speech. The IFF has criticized the severity of the proposed criminal penalties and the vesting of significant power in a government-led regulatory authority. The lack of public consultation on the draft Bill has also been highlighted as a significant concern. The IFF has urged the Karnataka government to reconsider the criminal provisions and instead focus on transparency, corrections, and platform due process, advocating for mass literacy efforts rather than censorship. They have also called for the full draft Bill and background note to be published for public consultation before it is tabled in the Assembly, allowing for input from citizens, media, and experts. The debate surrounding the Bill highlights the tension between combating misinformation and protecting freedom of expression.
