Fake News – UPSC GS3

The court was hearing a Public Interest Litigation (PIL) filed by various organisations who objected to the reporting by certain television news channels and news portals on the Tablighi Jamaat event held in March 2020.

Fake news is news, stories or hoaxes created to deliberately misinform or deceive readers.

Usually, these stories are created to either influence people’s views, push a political agenda or cause confusion and can often be a profitable business for online publishers.

Fake news affects free speech and informed choices of the subjects of the country, leading to the hijacking of democracy.

Rebuttal: It is a form of fact-checking wherein the fake news is debunked by pointing out errors like mismatch, malicious editing and misattribution.

Public Education: Educating the end-users to be more discerning consumers of news by informing them of verification tools so that they can ascertain the accuracy of a news item before sharing it.

There is no specific law against fake news in India. Free publication of news flows from Article 19 of the Constitution guaranteeing Freedom of Speech.

Press Council of India: It is a regulatory body which can warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist if it finds that a newspaper or a news agency has violated journalistic ethics.

News Broadcasters Association: It represents the private television news and current affairs broadcasters. The self-regulatory body probes complaints against electronic media.

Indian Broadcast Foundation: It looks into the complaints against contents aired by channels.

Broadcasting Content Complaint Council: It admits complaints against TV broadcasters for objectionable TV content and fake news.

Indian Penal Code: Section 153 (wantonly giving provocation with intent to cause riot) and Section 295 (injuring or defiling a place of worship with intent to insult the religion of any class) can be invoked to guard against fake news.

Information Technology Act 2000: According to the Section 66 of the act, if any person, dishonestly or fraudulently, does any act referred to in Section 43 (damage to computer, computer system), shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.

Civil or Criminal Case for Defamation: It is another resort against fake news for individuals and groups hurt by the fake news. IPC Section 499 (defamation) and Section 500 (whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both) provide for a defamation suit.

Fake news has existed since the dawn of the printing press but in the age of the internet and social media, it has found a tremendous application. Manipulation of algorithms of social media and search engines is a global trend now.

Countering content manipulation and fake news to restore faith in social media without undermining internet and media freedom will require public education, strengthening of regulations and effort of tech companies to make suitable algorithms for news curation.

Any future legislation should take the whole picture into account and not blame the media and go for knee-jerk reactions; in this age of new media anyone can create and circulate new for undisclosed benefits.