The Rise Of Fake News In India & Ideas For It’s Regulation

Arya Aradhana Routray, National Law University, Odisha

INTRODUCTION

In the 21st Century, the dispersion of fake news has taken over the entire world in equally large amounts. No nation is immune from the shackles of fake news, may it be a developed country like the United States, or the UK or a developing economy such as China, India, etc. The adverse effects of fake news can be explicitly assessed by determining how many individuals read and believe it. The number of people engaged with the news and their disposition to incorporate a skeptical outlook to it defines its consequences.

As the world’s most populous democracy, India is particularly vulnerable to fake news. A low literacy rate and a rising phenomenon of fake news and disruptive propaganda only worsen the situation by jeopardizing the nation’s democratic framework. For instance, during the Delhi riots in February 2020, the majority of outbreaks traced their source to the propagation of fake news which intensified the communal violence.[1]

The World Economic Forum in 2016 identified the propagation of disinformation and fake news through online platforms to be one of the top ten emerging problems affecting the world.[2] In 2020, the Minister of Information & Broadcasting in India claimed that “fake news is more dangerous than paid news. Paid news is much milder than what fake news is. Fake news has a very potent power to disturb the peace. The manipulation of public opinion over social media platforms has emerged as a critical threat to public life.”[3] So, the need of the hour is to curb the problem of fake news with immediate effect.

DEFINING ‘FAKE NEWS’

Facebook published a white paper titled ‘Information Operations and Facebook’, which defined Fake News as “News that purports to be factual, but which contains intentional misstatements of fact to arouse passions, attract viewership, or deceive.”

“Fake news” according to the Ethical Journalism Network is defined as “information that is likely to be perceived as news, which has been deliberately fabricated and is disseminated to deceive others into believing falsehoods or doubting verifiable facts.”[4] Fake news is something that has been floating around quite loosely nowadays. On one hand, there is unanimity regarding the phenomena being referred to, however, there is not much clarity as to what content is fake news and what is not. So, The word has been commonly used to refer to parody, disinformation, bias reporting, paid or promoted content, objectively wrong reporting, baked tales, and even inconvenient truths.

MAJOR REASONS FOR THE RISE OF FAKE NEWS IN INDIA

Social media: The tremendous popularity and utility of ‘social media platforms like X (formerly known as Twitter), Facebook, Instagram, and WhatsApp’, have made the propagation of fake news easier. For example, during the COVID-19 pandemic, there are erroneous assertions that the vaccine in the case of women results in infertility. This wrong information that lacked any kind of legitimacy and scientific evidence was widely spread across social media and other platforms creating chaos, confusion, and resistance against taking vaccination.

Political polarization: India’s political environment is normally perceived to be highly polarized. This has facilitated the propagation of fake news reinforcing people’s pre-existing notions and presumptions. Fake news becomes a medium for pushing certain political propaganda at times of election and conflict. This includes the circulation of fake information that demeans the opponent.

Lack of media literacy: In India, limited media literacy increases the risk of people being exposed to false information. “India Inequality Report, 2022 states that the bottom 20% of Indian households have access to 2.7% of computers and 8.9% of internet services.” During the COVID-19 outbreak, false information regarding virus cures or treatments influenced people to use harmful or ineffective medicines.

Sensationalism in the media: In the race to increase TRP and breaking news, sensationalism is prioritized over authenticity. This results in the creation of a vicious trap of disseminating erroneous information. For example, in 2017, a false news report was circulated that stated that the Government of India aimed to insert microchips in the new currency notes through which it would track counterfeit money. This resulted in confusion among the common mass.

Religious and communal tensions: Religious tension and communal turmoil have been a serious concern in India’s past. Fake news feeds and flourishes on these communal divisions simultaneously exacerbating these tensions as the false information spreads rapidly. Following a terror attack or criminal conduct by individuals from minority communities, it is often noticed that false information is circulated vindicating that community as a whole which generates resentment and anger toward that community.

Financial promotions: In the economics sector, corporations and companies at times use fake news and clickbaits to gain financial advantages. For example, during the COVID-19 pandemic, many traditional medicine businesses propagated the hoax of having the cure for COVID-19 without the need for vaccinations.

LAWS AND REGULATIONS TO CURB FAKE NEWS IN INDIA

Civil or Criminal Case for Defamation: In Indian law, Sections 499,500, and 505 of the Indian Penal Code, 1860 acknowledge the “right to reputation” and empower individuals and organizations to take legal action against the people propagating disinformation which are harmful to the former’s reputation.
IPC: The provisions in the Indian Penal Code, 1860 can be used for prosecuting the individuals who are involved in spreading false information to cause harm and creating public unrest. (IPC Sections 153A and 295).
IT Act: The Information Technology Act of 2000 has provisions of penalties against the publication and transmission of defamatory or obscene materials through the internet which also includes circulation of fake news.
Cyber Crime Cells: Many Indian states have set up cybercrime departments to investigate incidents related to the propagation of false information among other cybercrimes.
Broadcasting Content Complaint Council: BCCC receives complaints against misleading content and dissemination of fake news on Indian Television.
Press Council of India: The Press Council of India, is the statutory authority that governs the print media. It has the power to take action against publications and journalists who breach standards of ethics.
The Constitution Provision: Article 51A (h) of the Indian Constitution states that “It shall be the duty of every citizen to develop the scientific temper, humanism, and spirit of inquiry and reform.”

IDEAS FOR REGULATION OF FAKE NEWS

Need for comprehensive definition: The term ‘fake news’ currently lacks a comprehensive definition under existing laws in India. On legislation providing accurate definitions, the judiciary will be able to actively look into instances of fake news. Countries such as the United Kingdom, Malaysia, Singapore, and the Philippines have an appropriate inclusion of “fake news” in their legislation. The phrase “fake news” currently remains ambiguous in India due to a lack of a clear definition.

Need to have a specialized regulatory body: A specialized body is required to regulate fake news. In India, such a statutory agency can function as a watchdog of social media. This will help to foster ethics and reasonable mediums of expression. This body can assist in reducing the circulation of fake news. The affected individual or community can readily approach the body for resolution of their grievance.

Need to have a specific/distinctive law: There is a need for a specific law in India that addresses fake news. There are certain sections in IPC, 1860, and IT Act 2000 that have provisions for dealing with cases around fake news. Understanding the influence fake news has on actions leading to riots, communal violence, mob lynching, and defamation, it can be concluded that people use false news and rumors to violate many rights and Reputations, to create disruption in the democratic framework of the country. To safeguard these rights as well as avoid damage, India needs an exclusive law to deal with the menace of ‘fake news’.

Need to develop Fact-Checking Organizations: Fact-checking platforms can have a significant role in ensuring the authenticity of information and verification of news and mass awareness. The Press Information Bureau’s fact-checking units have busted more than 1000 cases of fake news and false reports since its commencement in November 2019.[5] So, more such organizations should be developed and supported by the government and media.

Need to provide a Due diligence mechanism: To avoid spreading objectionable content social media firms must employ a due diligence system. WhatsApp introduced a forwarding mechanism for non-original material. IT companies should implement these short-term remedies to tackle fake news.

Need to foster a Culture of Critical Thinking: Critical analysis is an important skill that needs to be inculcated in schools, universities, and society at large. People need to be aware of the authenticity of information that they come across and to verify the reliable sources of that information. Also, there is a need to have healthy discussions on analyzing the authenticity of facts and information.

CONCLUSION

Fake news has been existing in society since the onset of the printing press but this has grown exponentially in the current age of the internet and social media. Social media algorithm manipulation and misleading search engines are a rising global trend nowadays. Fake news regulation is among the most perplexing difficulties for a growing economy like India, which has a vast population clubbed with its developing status, and severely established fault lines that make it prone to the challenges posed by false news.

However, owing to its impact on human rights, it cannot be left unregulated, nor can it be over-regulated. As a result, favorable legislation must balance an array of factors to be truly efficient and complete. There are numerous methods for promoting prompt, precise, and civil discourse in dealing with misinformation and fake news. There is a need for the prominent evolution of new techniques and models that can maneuver the future of media consumerism and web journalism in the right direction.

At the same time, everyone is responsible for combating the dissemination of misinformation and fake news. This includes inculcating higher professional standards, promoting investigative journalism, and enhancing digital literacy among the common public. Taken collectively, reforms like these will be able to enhance awareness through qualitative debate & discussions while eroding the problem of spreading of fake news around the world.

[1] Srishti Nair, ‘India’s Struggle Against Fake News’ (Institute for Internet & Just Society, 7 February 2021) <https://www.internetjustsociety.org/indias-struggle-against-fakenews> accessed 24 June 2024.

[2] Walter Quattrociocchi, ‘How does misinformation spread online?’ (World Economic Forum, 14 January 2016).

[3] ‘I&B Minister says fake news is more dangerous than paid news, calls for self-regulation’ Times of India (India, 27 August 2020).

[4] Tom Law, ‘Ethical Journalism as an Inspiration for Free Expression’ (Ethical Journalism Network, 2 May 2018).

[5] Devesh K. Pandey, ‘PIB fact-check unit’s ambit will be limited to content about the Centre, officials say’ The Hindu (New Delhi, 21 January 2023).