Laws Against Fake News In Social Media

India is a democratic nation and thereby, grants a number of freedoms to its citizens. One of the expressly granted fundamental freedoms is ‘freedom of speech’ under Article 19 of Indian Constitution. In India, no one is prohibited from speaking anything, be it either someone accusing another or complaining regarding actions of the authorities. However, given to the large population, there are a number of rumours that are spread across the nation to create disturbances in the peace and harmony of the nation.

Increase in the usage of social media and its reach to the large number of audience though has been a boon, but has also increased the number of false news that is circulated around. One can put in any message, audio or video on the social media, which can be viewed by anyone across the globe without getting identified with personal identity.

This circulation of false news, number of times has caused great harm to the society. The most recent fake news that has been circulated was in amidst of the global Pandemic COVID 19 that is going on. Many people have been circulating false news about the vaccine being invented for the treatment of COVID, or about the hatred towards the Muslim community for nothing but attending a religious meet, or calling for stream-lined untouchability that is identified as a crime.

One today does not think much before putting up stuff on social media, however, many are unaware of the legal impositions such a post can bring upon. Here, the author would discuss some important provisions, that are in force in India against a person who spreads a fake news:

Section 505(1) of Indian Penal Code reads out as:

“whoever by making, publishing or circulating any statement, rumour or report which may cause fear or alarm to the public, or to any section of the public shall be punished with imprisonment which may extend to three years, or with fine, or with both.”

It clearly states that whoever makes a untrue statement so as to cause fear in the minds of the people can be held liable for not only punitive or monetary punishment, but for both of them.

Section 54 of the Disaster Management Act, 2005: 

“Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic shall be punish with the Imprisonment which may extend to one year or with fine”

 Therefore, the Disaster Management act that is in force now also attracts similar and distinct consequences as under IPC.

In this regards, many people have been summoned by the Hon’ble courts and have been directed to refrain from spreading such hatred among the citizens at the time of need of unity. Hence, though India has primary laws against spread of fake news in media, the awareness about the same is very minimal, we as legal educators should spread the word and message, so as to ensure protection of data, and the authenticity of the news for public welfare.

By

P Sailasri

INBA Intern