CONTEXT

• Rise in social media usage has amplified the spread of fake news and misinformation.
• Karnataka government proposes strict legal measures to address this rising threat.
• Draft law introduced under Congress-led government, pending Cabinet approval.

CONCEPT

• Objective: Prohibit and penalize spread of fake news and misinformation via social media.
• Definition – Fake News:
  • False or edited audio/video content.
  • Misquotation or fabrication of statements.
• Definition – Misinformation:
  • Knowingly or recklessly sharing false or inaccurate factual content.
  • Excludes satire, opinion, comedy, or religious/philosophical expression.

KEY PROVISIONS

• Punishment:
  • Fake news: Up to 7 years jail + ₹10 lakh fine.
  • Misinformation causing harm: 2–5 years jail.
  • Abetting spread: Up to 2 years jail.
• Jurisdiction: Applies to both Karnataka residents and outsiders sharing content within Karnataka.
• Types of harmful content banned:
  • Abusive, obscene, anti-feminist content.
  • Disrespect to Sanatan symbols or beliefs (unless backed by authentic research).

Enforcement Mechanisms

• Special Courts:
  • Cognisable & non-bailable offences.
  • Fast-track trials.
  • Empowered to order correction/disabling of media/intermediary content during trials.
• Prosecution Support:
  • One Special Public Prosecutor per special court and High Court bench.
• Regulatory Authority:
  • Six-member body led by Kannada & Culture Minister.
  • Oversight of implementation and compliance.

Rationale & Relevance

• Digital Landscape:
  • India has second-highest internet users globally; 27% penetration.
  • Social media’s power demands accountability and safeguards.
• Need for Law:
  • Existing regulations deemed inadequate.
  • Fake news poses threats to public health, safety, tranquillity, and free elections.
• Government’s Stand:
  • Even a minor fake post can lead to major unrest.
  • Legal deterrence is essential in the digital era.