LEGISLATION ON FAKE NEWS IN INDIA

INTRODUCTION
In this research paper, I shall be focusing on the issue of fake news on social media in India. In
today’s world technology is the most essential part of our lives and somehow human beings
depend on technology. Getting news from social media is the best example of how human beings
depend on technology for getting information. In an earlier time, only television and radio was
the source of getting news but now social media is also included. From getting election results to
discussing burning issues and even breaking news all types of news is present in social media.
But every coin has two-sided and this news on social media is also becoming a problem when
news present in social media is fake.”It is really important to understand that all the information
present in social media is not always true. Here social media includes Facebook, WhatsApp,
Instagram and Twitter.
On social media staying updated many people like or follow social media pages. Many pages
post only verified news but some pages post fake news because the person who likes or follows
the page did not know the genuineness of the news and that fake news spread. The research
question is how social media fake news broadcast or print in mainstream media? And is there
any need for specific laws regarding fake news on social media? Fake news on social media has
become a major problem in many countries and the result of fake news is fearful. Spreading fake
news itself is very dangerous but when the social media fake newsprint or broadcast on
mainstream media it becomes much more dangerous because many people still believe the
truthfulness of mainstream media and easily believe.
Fake news in mainstream media can be controlled by applying the strict rule of the Press
information bureau and other laws related to the broadcasting of news. The main problem is the
fake news on social media there is no specific law on this particular issue and because of this
many incidents happen daily. Currently, in India, there is a need for specific laws for fake news
on social media because this issue is dealing by applying laws like information technology act
2008 or Indian penal code 1860 thus there is no specific law made for fake news in social media.
It is really important to update laws with time. It is a requirement of this technological era to
make laws related to technology we use on a daily basis. Through this research paper, I try to
explain how technology and law can solve the problem of fake news on social media. The paper
is divided into three parts. In the first part, I try to explain the effects, process and reason of
social media fake news printed and broadcast in mainstream media. In the second part, I will
analyze the fact-checking of news by social media and news agencies and in the last part, I try to
explain the need for a specific law on fake news on social media.
SOCIAL MEDIA FAKE NEWS AND MAINSTREAM MEDIA
In many cases, it is a pattern that shows the misuse of social media for spreading fake news and
misguiding people but the most surprising fact is not only the common people but mainstream
media also affected by the fake news of social media. Mainstream news channels and
newspapers without checking facts publish or broadcast the fake news. Sometimes it is done
intentionally or sometimes it is because of the bad editorial team. In April when the coronavirus
started spreading in India, there was a highly debated reason presented by the mainstream media
that the reason for the spreading of the coronavirus in India is the people who belong to Tableeqi
Jamat. The source of this news is only the WhatsApp forward message and because of
broadcasting this issue in mainstream media channels and printed in leading newspapers people
stat believe and in result this issue takes a communal angle.
The spreading of this fake news by media many people stat boycotting Muslim vegetable sellers
and shopkeepers and even in some places a Muslim boy was beaten because he belongs to the
Muslim community.1 The second example is of Delhi riots. After the investigation by the police,
it was found that one of the biggest behind the riots was spreading fake news in social media
through WhatsApp forwards messages.2 In Delhi riots, much fake news was spreading on social
media and that same fake news broadcast or print in mainstream media as a result instead of
solving the tension between the two communities in the old Delhi area the tension even increased
and riots spread in other parts of theFrom the above examples, it is clear that not only the social
media is affected by fake news rather than traditional media which is print and electronic media
is also affected. It is important to understand that fake news on social media becomes the source
of news on mainstream media and because of this the situation is getting worse. In India 26% of
younger people and 34% of older people still get news from television. 16% of younger people
and 27% of older people get news from print media in the form of newspapers, magazines etc. It

1 Alok pandey, Abused, Stopped From Selling Vegetables, Allege Muslim Vendors In UP, NDTV.com
(Aug 12, 2019,5:13am)https://www.ndtv.com/india-news/coronavirus-uttar-pradesh-abused-stopped-from-
selling-vegetables-allege-muslim-vendors-in-up-2210963
2 Anvit Srivastava, Delhi riots: Police crack down on fake messages, 40 accounts suspended, Hindustan
Times ,(Aug 12 ,2019 ,7:23am)https://www.hindustantimes.com/delhi-news/delhi-riots-police-crack-down-
on-fake-messages-40-accounts-suspended/story-NmxTCWbzTu2NXpQ9PdibcK.html
shows mainstream media have a big responsibility to broadcast or print real news with verified
sources. It is important to understand what are the reasons behind the fake news in traditional
media. There are several reasons behind the fake news in traditional media like n. One key
reason is that mainstream news media feel compelled to cover fake news stories because some of
these stories carry enormous news values, and given their role perceptions as the guardians of the
truth. Another reason why mainstream news media feel compelled to cover fake news stories is
that other news media cover them, and for partisan media, it also matters that some of the fake
news stories fit their ideological tendencies3
The bad editorial team is also another reason sometimes without checking facts most shared
news on social media printed and broadcasted in mainstream media. Social media on the other
hand, compared to traditional media, is decentralized, require very low investment, provide
greater interactivity and public participation and are much more difficult to control 4 I argued that
there are sufficient laws for traditional media to fight against fake news like pib and nbai
guidelines.but the source which provides the fake news to traditional media is not regulated by
any specific law.
THE REASON BEHIND MAKING FAKE CONTENT
There are many reasons for making fake news. I will explain three broad reasons behind the
making of fake news. First is pure mischief, people who enjoy seeing falsehoods--they create,
propagate,” said Joyojeet Pal, one of the authors of the study. 5
Here I want to clarify that there are two types of people one is the creator of fake news and
another one is receptor of fake news. The creator creates fake news and posted on social media
for example on Facebook and WhatsApp groups one news was very much circulated that India

3 Yariv Tsfati, H. G. Boomgaarden, J. Strömbäck, R. Vliegenthart, A. Damstra &

E. Lindgren,Causes and consequences of mainstream media
dissemination of fake news, ANNALS OF THE INTERNATIONAL COMMUNICATION ASSOCIATION,
(Aug 16,2019, 10:15pm) https://www.tandfonline.com/doi/pdf/10.1080/23808985.2020.1759443?
needAccess=true
4 I. Banerjee, The impact of new media on traditional mainstream mass media: A critical assessment. A
series of lectures on trends and future of the Malaysian mass media, (2008) Presented at
DewanTunkuCanselor, University of Malaya Kuala Lumpur as cited in Salman, A., Ibrahim, F., Abdullah,
M. Y., Mustaffa, N., Mahboob, M. H. (2011).The impact of new media on traditional mainstream mass
media, 16(3) The Innovation Journal: The Public Sector Innovation Journal
5 Prachi Salve, Manipulative Fake News On The Rise In India Under Lockdown: Study,India Spend, (Aug
16,2020, 4:54am) https://www.indiaspend.com/manipulative-fake-news-on-the-rise-in-india-under-
lockdown-study/
the national anthem of India is best in the world announced by UNESCO. 6 It was fake news but
the question is where it came and who created this because the people who share these beliefs are
true and then share this type of news but the people who create this type of news know that this
is fake and made intentionally. Some people do this because they like to do this and enjoy their
mischief by posting these fake content on social media without knowing the consequences. The
second reason is political motive and this is the biggest reason for spreading fake news in India.
In 1970, John ‘O Halloran conducted his demonstrations and communications research where he
focused on the ‘politics of newspaper’. He was looking into the importance of news selection and
how it would affect the audience.7
In 1992, Walter Lipmann’s researching on the factors affecting public opinion reached a similar
conclusion that political opinion is not shaped by direct experiences of politics but is rather a
consequence of the images which are given via news accounts of politics. 8 It shows that it is
admittedly true that the internet can prove to be an effective mechanism for political activism,
particularly when combined with traditional forms of communications media. This shows that
the media play a crucial role to form public onion and set ideologies. It is admittedly true that the
internet can prove to be an effective mechanism 9or political activism, particularly when
combined with traditional forms of communications media. It is very common nowadays that in
social media fake news is spread by posting fake content which favours or criticises a particular
political party.
The fake news is used as a tool to brainwash the common people. Many WhatsApp messages are
forward in which particular party or leader does good things which mostly fake it intentionally
done by the particular people to support their political parties and sometimes this type of tactics
used by political parties. The third reason for making fake content for social media is the
economic benefit. For example, if someone is making a fake video regarding some issue and
commonly don’t know much about that issue and they share the video and like the content then if
that video is monetized when the person that video gets money. Not just making a video but also

6https://timesofindia.indiatimes.com/times-fact-check/news/fake-alert-no-unesco-did-not-declare-indian-
national-anthem-best-in-the-world/articleshow/707319
7 ROSS & NIGHTINGALE, supra note 1, at 33.
8 ROSS AND NIGHTINGALE, supra note 1, at 97
9 D. Denning, Activism, Hacktivism, and Cyberterrorism: The Internet as a Tool for Influencing Foreign
Policy, NAUTILUS INSTITUTE FOR SECURITY AND SUSTAINABILITY (Aug 17, 2020, 10:05AM),
https://nautilus.org/global-problem-solving/activism-hacktivism-and-cyberterrorism-the-internet-
as-a-tool-for-influencing-foreign-policy-2/
making any time fake content like if it posted on Facebook then the number like or comments
benefited that person who created the internet economically. In some cases, the people are also
paid for the fake content like the fake WhatsApp messages or Facebook posts.
ARE FACT-CHECKING BY NEWS AGENCIES AND SOCIAL MEDIA IS
SUFFICIENT?
Fake news now becomes a world problem and because of this many news agencies and social
media take incentives to solve the problem of fake news. Social media like Facebook and Twitter
do a fact check of post posting by the user and if they find the content fake then remove that
post.To fighting the spread of misinformation on Facebook and Instagram. In many countries
and regions, we work with independent, third-party fact-checking organizations who are certified
through the non-partisan International Fact-Checking Network (IFCN) to identify, review and
take action on this content.10 Facebook has taken an easy route to find its Indian partners—they
are the signatories of the prestigious Poynter Institute’s International Fact Checking Network
(IFCN), namely, Factly, FactCrescendo, NewsMobile, TV Today Network Fact Check (India
Today Group), and Vishwas News (part of Jagran Media Network) plus one former signatory,
Boom Live, which had worked with Facebook on the Karnataka election last year, and the
AFP.11 Twitter fact checking policy is different from facebook. Twitter has recently added a
"Fact-Checking" label to tweets with potentially misleading or false claims. Twitter CEO Jack
Dorsey declared war on what he calls "spreading misinformation online", by adding that the
public platform will go after such news across the world. 12 Multiple fact checking organisations
are developing plug-ins or tools to identify, chart and comment on the fake news.
13
For Example, FactPopUp, Hoax, Fact Check Review, etc. to curb fake news on twitter.
WhatsApp has now proposed the use of machine learning techniques to identify malicious
content. It was testing a method to identify ‘forwards’14Has now restricted ‘forward’ to 5 persons

10 https://www.facebook.com/business/help/2593586717571940?id=673052479947730
11 Gopal Sethi Fact-Checkers Fight Fake News On Facebook. But Who Fact-Checks Them? ,Huffpost,
(Aug18,2:34pm)https://www.huffingtonpost.in/entry/fact-checking-fake-news-facebook-how-does-ifcn-
work_in_5ca0fd29e4b00ba6327eb726?guccounter=1&guce_referrer=aHR0cHM6Ly
12 Kirti Pandey, What is Twitter Fact-Check?, Timesnownews.com (Aug 18, 2020
3:13pm)https://www.timesnownews.com/technology-science/article/what-is-twitter-fact-check/598885
13 Varuni Jami, How are social media platforms tackling the “fake news” problem? ,Ikigai law (Aug
18,2020,5:18pm)https://www.ikigailaw.com/how-are-social-media-platforms-tackling-the-fake-news-
problem/
14
at a time. Has stopped fast-forwarding features on any video content. 15Whatsapp is working with
boom live which is a fact checking organization. The whatsapp messages is end to end encrypted
which become the major problem to fact check the fake messages because end to end encryption
does not allow third party to see the message and this is misused by people to circulate fake
news.There is also news agency which started fact checking like alt.news, webqoof by quint,
Boom live. But this fact checking initiatives by social media and news agencies is not sufficient
because social media fact checking is questionable because of automated technology to remove
fake news is not enough to fight fake news because the nature of fake news change with time
also especially facebook alleged that it ignores many fake news and did not remove from their
platforms and favours particular political parties.
SPECIFIC LAW REQUIRED AGAINST FAKE NEWS IN SOCIAL MEDIA
As i earlier said there is no specific law in our country to fight against fake news and social
media and with time users of social media is increasing it is a creat concern that there should be
strict law form fake news on social media. In current situation if any case of spreading fake news
came then the existing laws like Information of technology act 2000 and indian penal code use.
But these laws are not made specifically for fake news because this fake news still becomes one
of the major problems of India.
1. Existing laws related to fake news
In India there is no specific law related to fake news. There are several laws through which fake
news is regulated like Indian Penal Code, Information and Technology act etc. These provisions
are following:
● Section 124A. Sedition: “Whoever by words, either spoken or written, or by signs, or by
visible representation, or otherwise, brings or attempts to bring into hatred or contempt,
or excites or attempts to excite disaffection towards, the Government established by law
in India, shall be punished with [various combinations of terms of imprisonment and/or
fines].”

15 PTI,Facebook to focus more on local expertise to curb fake news, Times of India(Aug 20,2020
4:59am)
https://timesofindia.indiatimes.com/business/india-business/facebook-to-focus-more-on-local-expertise-to-
curb-fake-news/articleshow/67457595.cms.
 ● Sections 153A. Promoting enmity between different groups on grounds of religion, race,
place of birth, residence, language, etc., and doing acts prejudicial to maintenance of
harmony.
● 295A. Deliberate and malicious acts, intended to outrage religious feelings of any class
by insulting its religion or religious beliefs. “Whoever, with deliberate and malicious
intention of outraging the religious feelings of any class of citizens of India, by words,
either spoken or written, or by signs or by visible representations or otherwise, insults or
attempts to insult the religion or the religious beliefs of that class, shall be punished [with
a fine and/or imprisonment].”
● Section 499. Defamation. “Whoever, by words either spoken or intended to be read, or by
signs or by visible representations, makes or publishes any imputation concerning any
person intending to harm, or knowing or having reason to believe that such imputation
will harm, the reputation of such person, is said, except in the cases hereinafter excepted,
to defame that person.”
● Section 503. Criminal intimidation.
● Section 504. Intentional insult with intent to provoke breach of the peace.
● Section 505. Statements conducing to public mischief.
● Information and technological Act 2000

Section 69A of the Information Technology Act allows the Central Government to issue
directions to block content on certain grounds, including to prevent incitement for the
commission of a cognizable offense. Procedures and safeguards to which the government must
adhere when doing so are set forth in the Information Technology (Procedure and Safeguards for
Blocking for Access of Information by Public) Rules, 2009 (known as the Blocking Rules).

66D. Punishment for cheating by personation by using computer resource.–Whoever, by means

of any communication device or computer resource cheats by personation, shall be punished with
imprisonment of either description for a term which may extend to three years and shall also be
liable to fine which may extend to one lakh rupees.
 2. OTHER REGULATION
There is some self regulating media association which develops laws to fight against fake news.
These media association are following
● Indian Broadcasting Foundation
Indian Broadcasting Foundation also known as (IBF) is a unified representative body of the
television broadcasters in India. The organisation was founded in 1999. More than 350 Indian
television channels are associated with it. The organisation is credited as the spokesman of India
Broadcasting Industry.16 If any problematic content broadcasted on channel then complaints can
be filed against that particular channel in IBF and IBF will take action according to their rules.
● News Broadcasters Association
The News Broadcasters Association (NBA) represents the private television news & current
affairs broadcasters. It is the collective voice of the news & current affairs broadcasters in
India .It is an organization funded entirely by its members. The NBA has presently 26 leading
news and current affairs broadcasters (comprising 70 news and current affairs channels) as its
members. The NBA presents a unified and credible voice before the Government, on matters that
affect the growing industry.17 Anyone can file a complaint against the member of nba for not
appropriate content broadcasting.
● Broadcasting Content Complaint Council
Broadcasting Content Complaints Council (BCCC), the independent self-regulatory body for
non-news general entertainment channels set up by the Indian Broadcasting Foundation (IBF) in
June 201118 if any objectionable content is broadcasted on television which incites communal
disturbance, violence against women or gender specific, child abuse, contains coarse scenes of
violence, criticizing any religion, creates superstition, encourages consumption of drugs or any
other prohibited product etc then a complaint can be filed against the channel by following
procedure in BCCC.

16 https://digitalindiamib.com/ibf.html
17 http://www.nbanewdelhi.com/
18 https://www.ibfindia.com/who-we-are
 CONCLUSION
The existing laws like ipc and it act 2000 and other self regulating body rules can not stop the
problem of fake news because they are not made specifically for fighting fake news.The problem
fake news can only be fought with the coordination of technology and law. If the social media
platform develops the strict guidelines which ensure that the content posted on the social media
is not spreading hatred or communal disharmony and not spreading any type malicious material
and also maintaining balance of freedom of speech and expression then according to that
guideline if social media platform allow only verified content and mark verified and content
which is not verified by the social media should be marked not verified then it is easy for people
recognize the real news or fake news.
If any message for instance which is not verified by the social media and posted on the social
media then if that particular message is spreading hate against a particular religion or hate speech
then through specific laws against fake news, action can be taken against the person who is
spreading fake news. For mainstream media the editorial filter is important; it is the
responsibility of mainstream media to check their facts properly before broadcasting or printing
news. Digital literacy is also important that people should understand that spreading of fake
news can be very dangerous. It is also their responsibility to check the authenticity of the
message before sharing on social media . Hence making a specific law is not the solution,
technological development and people's awareness about fake news is also important. While
making law there should be balanced between freedom of speech and expression and curbing
fake news.
The problem with fake news can only be fight with the coordination of technology and law There
is a need of a technological model there is a need for specific laws against fake news in India and
digital literacy is also important because making law is not enough it also requires that people
should understand the difference between fake news and real news. Technology also plays a very
important role social media especially whatsapp should only allow the verified content or if any
content is not verified then it should be marked not verified so that people can recognise the
difference. Social media should make strict guidelines for posting content , content related to
communal disharmony or any malicious material should be approved. There should be balanced
between freedom of speech and expression and curbing fake news