The report highlights gaps in India's fake news laws, urging legal definitions, accountability measures, cross-border cooperation, and advanced tech safeguards to combat misinformation effectively.
In Summary
Report warns that India’s current framework to tackle fake news is inadequate for the scale and sophistication of today’s misinformation ecosystem.
Current mechanism to curb fake news:
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: For 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 with intent to cause public harm.
Other Mechanisms: Information Technology Act, 2000,Fact Check Unit under PIB, Cable Television Networks (Regulation) Act, 1995 for private satellite TV channels etc.
Subject
Issues in current mechanism
Recommendations of the committee
Absence of a Statutory Definition
The term 'Fake News' is not explicitly defined under any current statute.
Need to define "Fake News" legally,
set up a committee to suggest amendments to existing laws like IT Act, 2000, and Cable Television Network (Regulation) Act, 1995, to address misinformation effectively
Regulatory gaps
"Safe Harbour" provisions of the IT Act, which exempts intermediaries from liability for third-party content, provided they follow due diligence.
Relevant Sections of theIT Act should be revisited to ensure accountability, particularly given that algorithms often amplify sensational narratives for revenue.
Cross-Border Jurisdictional Issues
Difficult to hold foreign content creators accountable, different countries have varying laws
A dedicated Inter-Ministerial Task Force involving the Ministry of External Affairs and legal experts should be formed
Technological Sophistication
Proliferation of AI videos and Deep fakes due to Increased Internet penetration and low digital literacy.
Exploring the feasibility of mandatory labeling for AI-generated videos
Additionally, licensing requirements for AI content creators should be explored
