How Law Can Combat the Rise of Fake News and Misinformation
5 min readINDIA: Rest The Case, a premier legal platform dedicated to connecting the public with the legal world by offering easy-to-understand, insightful content, resources, and expert discussions. A panel discussion was held on the topic “Defending Truth: The Role of Law in Countering Fake News and Misinformation”.
The event, moderated by Jyoti Sahu, featured prominent legal experts: Adv Madhav Shankar, Adv. Akanksha Magon, Adv. Vinayak Bhatia, Adv. Syed Rafat Jahan.
It highlighted the critical challenges of misinformation and the legal mechanisms to address them. This event brings together leading legal experts to discuss Defending Truth: The Role of Law in Countering Fake News and Misinformation. The session began with the significant threat fake news and misinformation pose to democracy, public trust, and the Justice system.
Adv. Vinayak Bhatia explained that India has some legal provisions addressing misinformation through civil and criminal remedies. However, there remains a lack of a coherent, overarching law that defines and distinguishes between fake news and misinformation. He noted that while laws like the IT Act and press regulations exist, digital media remains largely unregulated, leaving a significant gap in addressing online misinformation. A recurring theme throughout the discussion was the challenge of legally defining fake news. Adv. Akanksha Magon pointed out that much of the confusion arises from the intentional versus unintentional spread of misinformation. She discussed how digital literacy and responsible Journalism must play a role in preventing the spread of fake news. The panel agreed that a lack of media literacy among the public exacerbates the issue, as many people unknowingly spread false information. Adv. Syed Rafat added a crucial dimension to the debate by emphasizing the political nature of fake news. She pointed out that misinformation often favors certain political agendas and spreads quickly, causing harm before it can be identified and corrected. She called for immediate legal action, highlighting the need for special investigative teams to address fake news cases promptly.
Adv. Madhav Shankar elaborated on the delicate balance between regulating misinformation and protecting free speech. He referenced the ‘Shreya Singhal Case, which emphasized that restrictions on free speech must be reasonable. The panel agreed that while regulating fake news is necessary, care must be taken not to infringe on fundamental rights. He further noted that the Digital India Bill, currently under consideration, includes provisions to address misinformation on digital platforms. However, he criticized the bill for not adequately addressing the issue of harm caused by the rapid spread of misinformation. He suggested that artificial intelligence could be a useful tool in tackling misinformation, although pre-publication censorship, as used for OTT platforms, may not be feasible.
The panelists provided examples of how fake news has caused significant disruptions in India. They referenced the spread of misinformation during the COVID-19 pandemic and how it fueled fear and chaos. Adv. Syed Rafat mentioned incidents during the Citizenship Amendment Act (CAA) protests and farmers’ protests, where fake news caused public unrest and worsened tensions. Adv. Vinayak Bhatia added that misinformation often targets vulnerable communities and can lead to real-world harm, as seen in incidents of mob violence and lynchings fueled by false information about individuals or groups.
The discussion also covered the legal remedies available to individuals and organizations targeted by fake news. Adv. Bhatia explained that while criminal remedies such as defamation suits and complaints under the IT Act exist, civil damages for victims are not well-developed in Indian Jurisprudence. He called for courts to take a more proactive approach in awarding damages to victims of fake news to deter such behavior. Adv. Rafat outlined practical steps individuals can take when they encounter fake news, including filing online police complaints, reporting misinformation to cyber cells, and sending defamation notices to those responsible. The panelists unanimously agreed that the existing laws are insufficient to combat the growing menace of fake news.
Adv. Akanksha emphasized the need for stricter laws and more accountability for those spreading misinformation. She also highlighted the role of responsible Journalism in curbing the spread of false information. In closing, the panelists reiterated that while legal solutions are essential, a combination of media literacy, responsible journalism, and robust legal frameworks is necessary to counter the complex issue of fake news and misinformation in India.
The panelists emphasized that defending truth in the digital age requires robust legal frameworks, media literacy, and collaboration between tech platforms and governments. Legal measures must balance free speech with accountability, ensuring that misinformation is curbed without stifling legitimate expression. The role of law is crucial, but education and awareness are equally important in empowering individuals to discern truth from falsehoods. Together, these efforts can help mitigate the spread of fake news and misinformation, safeguarding public trust and democratic integrity.Final Takeaways From The Panelist:
Adv. Syed Rafat Jahan – Say that, we need to have special investigation units, with specialized investigative officers and special equipment with stricter laws and immediate arrests to bring in fear and also enhance the conviction rate. Lastly, a special dedicated act with a prescribed procedure to conduct inquiry and trials effectively and speedily for justice to prevail in its natural form to uphold the constitutional essence of our country.
Adv. Akanksha Magon: says that Laws play a vital role in combating fake news and misinformation by imposing liability on perpetrators. They regulate social media platforms, ensuring accountability for disseminated content. Legislation like defamation laws, misinformation acts, Judicial interventions, and data protection laws deter the spread of false information and safeguard against manipulated or fabricated data. We need effective legal frameworks to empower fact-checking initiatives, promoting truth and public trust.
Adv. Vinayak Bhatia: In his views, India’s legal framework addresses misinformation through laws like the BNS and IT Act, but stronger, proportionate penalties based on harm caused, and recognition of personal injury from fake news are needed. Comprehensive reforms should enhance platform accountability, ensure faster enforcement, and maintain a balance between regulation and free speech, with Judicial oversight and international cooperation.
Adv. Madhav Shankar: Says that, The Role of Law in Countering Misinformation. “We explored how legal frameworks and Judicial actions can help combat fake news and hold the media accountable. This meaningful exchange and discussion on fake news reminded me of Winston Churchill’s words which ring true even today,” A lie gets halfway around the world before the truth has a chance to get its pants on.
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