Karnataka govt to crack down on fake news; drafts law proposing 7-year jail, Rs 10 lakh fine for offenders

The proposed law also seeks to prohibit abusive and obscene contents, including anti-feminism content. Special courts will be set up for faster trials of offences, which will be cognisable and non-bailable.

Bengaluru: Social media users found guilty of posting fake news will face up to seven years imprisonment and a maximum fine of Rs 10 lakh, the Karnataka government has proposed in a draft law to clampdown on misinformation.

The draft of the Karnataka Misinformation and Fake news (Prohibition) Act, which has been in the making ever since Congress came to power two years ago, was placed before the Cabinet earlier this week.

The proposed law will give the state government powers to “ensure a complete prohibition on fake news on social media platforms”.

Fake news is defined as “misquotation or the false and/or inaccurate report of one’s statement; editing audio or video which results in the distortion of facts and/or the context; or purely fabricated content.”

The draft law defines misinformation as “knowingly or recklessly making a false or inaccurate statement of fact, whether wholly or in part, in the context in which it appears excluding opinions, religious or philosophical sermons, satire, comedy or parody or any other form of artistic expression if a reasonable man of ordinary prudence does not pursue such communications as statements of fact”.

Any individual outside or inside Karnataka who communicates misinformation to persons in the state, which is “prejudicial to public health, public safety, public tranquility or the conduct of free and fair elections” will face 2-5 years of imprisonment. Abetting the spread of misinformation will attract up to two years of jail.

A six-member Fake News on Social Media Regulatory Authority, headed by the minister for Kannada & Culture, will be constituted, according to the draft law.

Special courts will be set up for faster trials of offences, which will be cognisable and non-bailable. The law provides for the appointment of at least one special public prosecutor for every special court and one in each bench of the High Court.

These special courts will have powers to issue ‘correction’ and ‘disabling’ directions to intermediaries and media houses (publishers and broadcasters) during trial of cases.

In its statement of objects and reasons, the government argues that existing measures “cannot solve the problem” of fake news. “At present, 27% of India’s population use the Internet. India has the second largest number of Internet users in the world after China,” the draft states. “Today social media is the biggest force in the world, but caution is also necessary in its use,” it states. “A small piece of fake news can create a ruckus in the whole country.”

No to anti-feminism, disrespect to Sanatan symbols

The proposed law also seeks to prohibit abusive and obscene contents, including anti-feminism. It also wants to prohibit publication of content "amounting to disrespect of Sanatan symbols and beliefs" on social media. Only those contents that are "based on authentic research on the subjects related to science, history, religion, philosophy and literature" will be allowed.