Karnataka Mis-Information and Fake News (Prohibition) Bill, 2025
The Karnataka Mis-Information and Fake News (Prohibition) Bill, 2025, aims to regulate social media content by defining and penalising fake news. This legislation introduces severe penalties, including up to seven years of imprisonment for offenders. It marks step in the intersection of digital communication and free speech. The bill empowers a committee to label content as fake news, raising concerns about censorship and state overreach.
Key Provisions of the Bill
The Bill defines fake news broadly. It includes “purely fabricated content” and distorted audio or video. Misinformation is described as knowingly or recklessly making false statements. The legislation also specifies that opinions and artistic expressions are exempt. However, the lack of clarity on what constitutes artistic expression may lead to ambiguity.
Authority and Enforcement
An appointed Authority oversees the enforcement of the Bill. This includes the Minister for Kannada and Culture as Chairperson, along with representatives from the Legislative Assembly, Legislative Council, social media platforms, and a senior bureaucrat. This Authority’s role is to ensure a complete ban on the promotion of fake news.
Legal Context and Judicial Oversight
The Bill is introduced following a ruling by the Bombay High Court. The court had previously struck down provisions of the amended Information Technology (IT) Rules, 2021, due to the lack of judicial oversight. The court’s decision brought into light the need for clear definitions to prevent the chilling effect on free speech.
Implications for Free Speech
Critics argue that the Bill’s vague definitions could lead to misuse. Terms like “fake” and “misleading” are not clearly defined, which might infringe on free speech rights. The Bill may disproportionately target dissenting voices under the guise of curbing misinformation.
Comparative Legislative Framework
This Bill is unique as it is the first state-level legislation in India aimed at regulating digital content. Previous attempts at regulation have faced judicial scrutiny for being overly broad and vague. The Karnataka Bill may set a precedent for other states considering similar measures.
Public Reaction and Concerns
Public response to the Bill has been mixed. Supporters argue it is necessary to combat misinformation. Detractors raise concerns about potential censorship and the suppression of dissent. The balance between regulation and free speech remains a contentious issue.
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