Coronavirus is not the only pandemic that the world faces. Fake news, otherwise known disinformation is a social pandemic that has been prevalent for a long time. Existent even before the age of the internet, the propagation of fake news has fuelled in recent times. With the proliferation of numerous social media platforms such as WhatsApp, Facebook, and Twitter, the sharing of false and incorrect information has only become easier.

What began as an informal exchange of words has transformed into videos, memes, forwards, and advertisements containing uncorroborated information. The advent of false information has created an extremely toxic environment. Disinformation has resulted in hatred among people and caused unnecessary violence. In the current situation, with the Covid-19 pandemic, social media is inundated with spurious information some of which even claim that the Covid-19 pandemic is not real. Fake news can seem deceptively real at times and can be perceived by people as genuine. Oftentimes, people only tend to believe what they want to believe and this may not depend on the veracity of the claims made by media outlets and organisations. This is why people can be easily misled even by seemingly nonsensical information, as long as these claims are made by seemingly ‘credible’ sources. The extremely virulent effects of disinformation and the staggering increase of its outreach is reason enough for regulation to be put in place to thwart its repercussions.

Fake News and Laws in India.

No codified law specifically dealing with fake news and misinformation exists in India. It is important to acknowledge Article 19(1)(a) which guarantees the freedom of speech, while Article 19(2) provides for reasonable restrictions. Therefore, it is implicit that this freedom may be curtailed and regulated owing to its consequences. Other laws in this aspect are The Indian Penal Code, The Information Technology Act, etc.

An important function of the press council under the Press Council Act, 1978 is to maintain a code of conduct for newspapers, news agencies, and journalists.

Section 66D of the Information Technology Act says, “Whoever, by means for any communication device or computer resource 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.”

Section 69A of the Information Technology Act - Power to issue directions for interception or monitoring or decryption of any information through any computer resource. This allows the Government to issue directions to block content on certain grounds, including to prevent incitement for the commission of a cognizable offense.

Section 54 of the Disaster Management Act- “Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic shall be punished with the imprisonment which may extend to one year or with fine”.

Section 505 of the Indian Penal Code – Statements conducing to public mischief. This provision is concerning someone who makes, publishes, or circulates any rumour, statement, or report which might foster hatred and cause harm.

Section 124A deals with Sedition and Section 153A is with regard to promoting enmity amongst different groups on various grounds such as religion, race, language, etc.

There are also several organisations which may regulate media, such as the Indian Broadcast Foundation, which can investigate complaints against the content aired by channels. The News Broadcasters Association is a self – regulatory body of private television news broadcasters. The Press Information Bureau of India under the amended Guidelines for Accreditation of Journalists provides for the suspension of a journalist’s accreditation for fabricating or propagating fake news.

 Propagation of fake news may result in violence and public unrest, there have been various occurrences in the country where brutal incidents have transpired as a result of people being aggravated because of such misinformation. Therefore, to do away with this fake news pandemic, regulation is necessary.

This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.