Experts slam Karnataka's ‘fake news’ bill

The Karnataka government has proposed a law targeting social media users who post fake news, with penalties of up to seven years in prison and fines of up to Rs 10 lakh.

The proposed punishments sparked backlash online, with many citing threats to free expression. On Monday, IT Minister Priyank Kharge acknowledged the need for wider consultation, hinting at possible revisions. Fact-checking and Internet experts raise concerns about the proposed law’s possible impact on social media users.

The Internet Freedom Foundation, a digital rights non-profit, warned on June 21 that the proposed law risks “repeating the mistakes struck down in the Shreya Singhal and Kunal Kamra cases — sweeping, ill-defined offences that chill legitimate speech while handing politicians the power to decide what counts as ‘truth’”.

The organisation criticised the bill for introducing prison terms and fines, while allowing a government-dominated authority to determine what is false. It urged the state government to drop the criminal provisions and instead pursue “narrowly tailored, rights-respecting civil or administrative measures” that prioritise transparency and due process. The foundation also called for mass digital literacy efforts and publication of the draft bill for public consultation before it is tabled in the Assembly.

‘Create awareness first’

“Start with awareness-building through experts and organisations, then move on to a policy with stringent actions,” says Raghavendra D L, fact-checker at Naanu Gauri, a news and fact-checking platform by the Gauri Media Trust.

“Tackling fake news is important, but rules shouldn’t scare people or take away their right to voice concerns,” he adds. He feels the law may promote more responsible posting, but questions its scope: “If someone simply re-posts existing information, who gets punished?”

‘Tanveer Hasan, executive director at the Centre for Internet and Society, believes that while conversations around Internet and news hygiene have been ongoing, “it is a little too soon for the Karnataka government” to push the bill forward in its current form.

He calls for broader consultations, adding that while penalties may be necessary, they won’t work without clarity on remedies, stakeholders, and enforcement. Drawing parallels with legal systems like the Bharatiya Nyaya Sanhita and Indian Penal Code, he adds, “You can have a law, but that’s just one half of the responsibility.” Implementation, he adds, must be evidence-based and supported by community engagement.

‘Lack of clarity a concern’

Advocate Parina Lalla criticises the lack of transparency. “The draft isn’t even online — we’re basing our understanding on unofficial conversations and summaries,” she says.

“How will the bill define fake news or misinformation? Will simply forwarding a message land a housewife or elderly person in trouble?” she asks.

Misinformation around Covid-19 vaccines and cures, the Manipur violence, and speculation after the Ahmedabad air crash spread rapidly, without intent to mislead. With AI-generated deep fakes becoming harder to detect, the challenge is bigger. “A video of a political leader saying something inflammatory could be completely fabricated. How is an average person supposed to verify that?” she asks.

She urges the government to publish the draft and invite public insights. “Experts in law, data privacy, public information and policy making, must be consulted,” she says.

Other side

Ekta Sharma, chief editor at Bengaluru-based Check4Spam, agrees the bill may threaten freedom of speech but warns that unchecked fake news is far more damaging.

“Fake news doesn’t follow state boundaries and spreads across platforms,” she says. “A state law may not fix the issue entirely, but it can help control it. People will think twice and verify before sharing,” she adds.