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Although not defined legally, “fake news” generally refers to news stories that are false or misleading, without verifiable or accurate facts, quotes, or sources. 

  • It may include misinformation (accidental spread of inaccurate information) and disinformation (intentional spread of misinformation).

Need for regulating fake news

  • Right to Information (RTI): Fake news undermines Citizen’s RTI which is upheld as a fundamental right under article 19(1)(a) of Constitution by Supreme Court in ‘Raj Narayan vs. Uttar Pradesh Government. 
  • Threats to Democracy: Fake news can influence voters’ behavior, incite riots, and cause social unrest.
  • Information Bubbles: Algorithms due to online fake news reinforce prejudices such as racism, misogyny, etc. 

Challenges in Regulating Fake News 

  • Increasing Internet penetration (more than 55% of the Indian population had access to Internet in 2023, according to IAMAI report) 
  • Digital illiteracy (Only 38% of households in India are digitally literate) 
  • Potential of curtailing free speech. 
    • For example, recently Bombay High Court struck down Fact Check Unit (FCU) of the PIB introduced to flag “fake news” pertaining to the business of the government on social media platforms

Initiatives that can prevent spread of fake news

  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Prescribe a framework for the regulation of content by online publishers of news and current affairs content, and curated audio-visual content.
  • Bharatiya Nyaya Sanhita: Section 353 criminalizes spreading false information or rumors, including electronically, with intent to cause public harm. 
  • Information Technology Act, 2000: Section 66D of the Act prescribes punishment for cheating by personation by using computer resources.
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