FAKES NEWS: THE ONGOING TRENDS AND THE LAWS GOVERNING IT

INTRODUCTION

The concept of fake news is not a new one; it has its roots since times immemorial. In today’s
world, the spread of fake news. In country like India, it is like fire in the forest. According to
Cambridge dictionary , the term “ fake news “ is defined as ‘false stories that appears to be news,
spread on the internet or using other social media usually created to influence political views or
as a joke’. The concept of fake news has two kind of aspects firstly, “mis-information” meaning
any kind of false information created intentionally to harm people. Social groups or country.
Secondly, the term “dis- information” means any kind of false information which has not been
caused with intent to cause harm to anyone .Today not just in India but in the whole world there
are millions of fake news or misleading information cases that are being encountered on the daily
basis however, India is leading in this sector than any other country in the world and this is an
alarming threat for India. The nature of fake news is that is necessarily hides certain facts and
portrays another aspect of it and the people/ end users under such veil of false information gets
confused with the real fact.

FAKE NEWS LIKE A VIRUS JUST MULTIPLIES

India has now approximately more than 600 million active social media users. And the country’s
most popular social media platforms are Facebook, Twitter, Whatsapp and YouTube and
Instagram is also making some space among them now. With the online increasing social media
users, India is the largest market for Whatsapp, with over 230 million users, and as a result it is
one of the main platforms on which fake news is spread. One of the principal problems is that
receivers believe anything sent to them over social media due to lack of awareness. There are all
sorts of misleading posts ranging from the data about the coronavirus to incorrect news about its
source and increase and even about the cure.

Even before the country came up with first fews cases of Novel Coronavirus in January 2020,
the social media was up with lots of rumors, populating the social media Platforms. This fake
news also gets multiplied like the virus itself. From January 2020 to March and April 2020
spread of the virus took a massive spike when Tablighi Jamaat incident in Delhi came up which
was shown as the main reason of virus to be spreaded in Delhi. All this was due to the fake
videos and picture which flooded all over the social media Platforms. This all targeted particular
religious group depicting them as a vector of virus. Thereby, complicating the collective fight
against a rapidly spreading pandemic.

As soon India reported its first case of covid -19, the videos, interviews, different kind theories
came up to curb out the virus. The most prominent message was home remedy for the virus was
vitamin-C and it was in the name of well- known Doctor Devi shetty recommending people to
take lemon in hot water to improve immunity. Even without checking out any real facts or
scientific significance , millions of fake messages was spreading where videos were made
promoting the miraculous power of cow urine or Goumutra to cure the disease and it was the
play of some Hindutav Organization and due to lack of knowledge and awareness people fall
into these kind of myths and false beliefs. To stop this, even ICMR also appealed people to not
fall under this kind spider’s web of false cures. The authority directed all the social media
platforms and print media to desist from spreading these kinds of rumors.

The fake news was worse about the Non-vegetarian food particularly consuming chicken could
lead to covid -19 infection. This false news spreading like wildfire had caused great damage to
poultry industry. This incurred loss of thousand crores to the poultry sector.

Another most dis- heartening fake news which presently spreading over social media is when
people are searching for life saving drug approved by the ICMR and WHO which is remdesivir
Injection. There is circulating a fake injection in name of remdesivir, named COVIPRI for covid
patients. Delhi Police has recently arrested five people and unearthed a ‘pharmaceutical unit’ in
Uttarakhand manufacturing large quantites of fake Remdesivir injections (COVIPRI) sold at Rs.
25,000 each. Ahemdabad police also arrested people selling duplicate vials of remdesivir and in
which the accuse person pasted duplicated stickers of Pharmaceutical Giant ‘Jubilant’ (JUBI-R)
trying to fake them as remdesivir. This is a biggest and most dangerous incident where lives are
at stake. This is what the our country our people is paying due to the fake spread of the news and
those who are unaware as how to distinguish between the fake and the real will be the prey of
these black marketers .

The pandemic Fake news:

In Today’s situation, where the epidemic like coronavirus (COVID-19) has grasped the world
into its hands, the internet-based life is overflowing with a wide range of posts, extending from
data about the malady’s flare-up to bogus news about its starting point and spread, also offering
untested ‘treatment’. Seeing this critical situation of our society, The Bureau of Police Research
and Development (BPRD) published a step-by-step manual for law enforcement organizations to
recognize “fake news” which proposed to spread anxiety through contempt and savagery in the
wake of the COVID-19 pandemic. The director of WHO also made a remark “we are not
fighting the epidemic; we are fighting the infodemic.”

PROVISIONS IN INDIA FOR FAKE NEWS:

There is no such specific codified law against fake news. In India, there is a free publication of
news under Article 19 of the Constitution which guarantees freedom of speech, but still, there are
some provisions in the Indian Penal Code (IPC), the Information Technology Act (IT Act), and
the Disaster Management Act which controls the effect of fake news in India to an extent. These
provisions are in-
INFORMATION TECHNOLOGY ACT, 2000:

Section 66D of IT Act- “Whoever, by means for any communication device or computer
resources cheats by personating shall be punished with the 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”.

But the requirement for legitimate provision in the Information Technology Act, 2000 is more
urgent now than any other time. The truth of the matter is that countless individuals regularly just
forward whatever they get on their gadgets. The lawful ramifications of this act are frequently
not comprehended by the people who accept that whatever comes through their gadgets must be
valid and significant. This requires a serious attention, in which the IT Act should start to lead
the pack.

IPC, 1860:

Section 505 of the Indian Penal Code is the most common provision against the offenders who
spreads any kind of Fake news and creates public panic or disharmony. This section also has the
wider scope as it criminalizes any publication or circulation of rumors, statements or reports
intended to create fear or alarm to the public, which induces the commission of offence against
the state or which hampers public tranquility. The sub-section 1 of section 505 provides
protection against any publication inciting any kind of religion; community or groups to any
commit any kind of offence. The sub-section 2 of section 505 provides punishment against any
publications or circulation of any statements or reports containing rumor or alarming news which
is intended to create or promote enemity among different groups is also punishable.

Disaster Management Act, 2005:

This Act can only be invoked in the situations of disaster management. Recently, after the
Government of India declared the COVID-19 pandemic as a national disaster, the section 54 of
this act was invoked to address the issue of fake news. This provision criminalizes the circulation
of false alarm or warning as to disaster, its severity or magnitude which leads to panic of public.
Any person convicted under this section shall be punishable with imprisonment up to one year or
fine.

Recent Judgments in India regarding fake news

With the current situation of lockdown due to pandemic, the best way to know and be associated
is online. These social media platforms being abused extraordinarily with no legitimate justice
system in place. The aim should be to ensure and protect citizens and the country from the
brutality and disturbances coming about because of fake news. The moves of sanctioning
enactment must be taken cautiously and with due consideration so as not to smother the freedom
of speech and expression i.e. ensured by the Constitution.
In the recent case of Alakh Alok Srivastava Vs Union of India before a two bench Judge
of the Honorable Supreme Court, the question of issuing direction to prevent fake and
inaccurate reporting in electronic and social media was raised. Though the apex court was not
inclined to give such a direction, it observed that “In particular, we expect the Media (print,
electronic or social) to maintain a strong sense of responsibility and ensure that unverified
news capable of causing panic is not disseminated. A daily bulletin by the Government of India
through all media avenues including social media and forums to clear the doubts of people
would be made active within a period of 24 hours as submitted by the Solicitor General of
India. We do not intend to interfere with the free discussion about the pandemic, but direct the
media refer to and publish the official version about the development. This present case was filed
to redress the grievance of the migrant labourers who started
walking hundreds of kilometers leaving their workplace towards their native places triggered
by the false news that the lockdown would continue for another three months. The intensity of
the fake news which spread was so high that it led to the death of several innocent migrant
labourers. Though the court did not want to interfere with the free speech and discussion in the
media, it is a hard truth that there is a grave need to revisit the existing mechanism to curb fake
news as the menace of fake news can put the entire nation at perils.1

Thereafter even in Ashwini Kumar Upadhyay vs Union of India 33, a direction to link the
social media accounts with AADHAR, PAN or Voter ID card was sought to eradicate the
menace of fake social media accounts and fake news. However, this direction was refused by
the Delhi High Court, stating that, ‘linkage of AADHAR/PAN/VOTER ID details or any other
identification proof with the social media accounts requires the framing of policies or
amendment in existing laws by the central government’ (Para.6) and in absence of such
framework, exercising such direction cannot be done by the Court. The impugned order was
further challenged in the Supreme Court but it was immediately dismissed34.
Though the direction of linkage of social media accounts with national identification cards may
have assisted in weeding out fake accounts and curbing fake news up to certain extent, however
as identified by the Delhi High Court, the limit of the judiciary is bound by the existing laws.
This urges the legislatures to revise the current legal framework keeping in view of the rising
problem of fake news. News aids us to stay alert and informative but due to the surge in false
information, the very purpose of news seems to be dead.2

FAKE NEWS LAWS IN OTHER COUNTRIES:

Singapore:

Singapore has strict laws to combat online fake news, referring to the law called protection from
online falsehoods and Manipulation Act (POFMA). Those who are spreading any kind of
1
Alakh Alok Srivastava v. Union of India, W.P. (Civil) No.468 of 2020, Supreme Court of India (Unreported).
2
Ashwini Kumar Upadhyay v. Union of India, W.P.(C) No. 11394 of 2019, (Delhi. H.C) (Unreported).
Ashwini Kumar Upadhyay v. Union of India, SLP (Civil) No.6218 of 2020, (Supreme Court of India)
(Unreported).
misinformation and false contents and making malicious remarks intent to harm public interest
could face jail terms of up to 10 years. Recently, Delhi’s Chief Minister ,Arvind Kejriwal made a
remark saying that new strain of covid-19 has been detected in Singapore to which the High
commissioner of Singapore states that the country reserves the right to invoke domestic fake
news law on some assertion made by the Chief Minister, this led to the diplomatic tensions
between the two countries also. Later, it was resolved by the external affairs ministry high
commissioner of India, saying the remarks made by Delhi CM is baseless and irresponsible and
he has no competence over it.

Malaysia

Malaysia was among the first few countries to introduce an anti-fake news law. The law says it a
crime for someone to maliciously create or spread fake news and anyone found guilty can be
imprisoned for up to six years with appropriate fine. Recently, Malaysia is using new powers
under emergency rule to increase jail time for spreading what authorities call fake news about the
coronavirus pandemic or the emergency itself, the Ordinance draws heavily from the Anti-Fake
News Act of 2018.

Romania

On 16 March 2020, Romanian President Klaus Iohannis signed an emergency decree, giving
authorities the power to remove, report or close websites spreading "fake news" about the
COVID-19 pandemic, with no opportunity to appeal.

United Kingdom

Under King Edward I of England (r. 1272–1307) "'a statute was passed which made it a grave
offence to devise or tell any false news of prelates, dukes, earls, barons, or nobles of the realm.”
In 1702 Queen Anne of England issued a proclamation "for restraining the spreading false news,
and printing and publishing of irreligious and seditious papers and libels" On December 8, 2016,
Chief of the Secret Intelligence Service (MI6) Alex Younger delivered a speech to journalists,
where he called fake news and propaganda damaging to democracy. He called such methods of
fake-news propaganda online a "fundamental threat to our sovereignty". Younger said all nations
that hold democratic values should feel the same worry over fake news.

Germany

Germany passed a law in last year for social media companies to quickly remove illegal content
such as hate speech, child pornography, terror-related items and false information from their
sites, AFP reported. Sites will be given a 24-hour deadline to remove banned content or face
fines of up to 50 million euros (S$76.2 million)

France
France in October 2019 passed two anti-fake news laws to rein in false information during
election campaigns following allegations of Russian meddling in the 2017 presidential vote,
They enable a candidate or political party to seek a court injunction preventing the publication of
"false information" during the three months leading up to a national election. They also give
France's broadcast authority the power to take any network that is "controlled by, or under the
influence of a foreign power" off the air if it deliberately spreads false information.

Russia

The Russian President also signed into tough laws imposing new fines for Russians for spreading
fake news. The Authorities may block websites that do not meet requests to remove inaccurate
information. Individuals can be fined up to 400,000 rouble (S$8,302) for circulating false
information online that leads to a "mass violation of public order".

CONCLUSION

Indisputably, the Article 19 (1) (a) of the constitution of India guarantees every citizen the right
to freedom of speech and expression but it cannot be misused, and it must be used frugally and
subject to the reasonable restrictions under Article 19 (2).The framers of the constitution have
inserted the Article with a noble intent but we can see that at various instances under the guise
of exercising their fundamental right a lot of misleading information / fake news are being
spread by the people. The constitution does not authorize any act of spreading rumours and
fake news which adversely affect the public at large.
Now coming to the regulation of fake news, India has enacted sufficient statutes and rules and
has also established various statutory bodies to curb this social evil in almost all the media such
as in print media, visual media & social media/cyberspace. Despite the above regulative
actions, the spread of fake news/information is found commonly everywhere which clearly
shows that the intensity of the punitive action given under the statutes/norms is inadequate.
Another important aspect is lack of awareness among the public about the grievance redressal
mechanisms under the existing laws which prohibit spread of fake news / false information.
Therefore, the government by framing more stringent laws, creating awareness to the public
and by exhorting the citizens to act responsibly before spreading any information can jointly
crush the social evil of fake news in the society.