Parliamentary Committee Recommended Stricter Laws to Tackle Fake News

Parliamentary Committee Recommended Stricter Laws to Tackle Fake News

Why in News? 

Recently, the Parliamentary Standing Committee on Communications and Information Technology raised concern over the rising spread of fake news and described it as a ‘serious threat’ to public order. The Committee recommended major stronger laws to tackle fake news.

• The Committee was chaired by Member of Parliament Nishikant Dubey, who submitted its draft report to the Lok Sabha Speaker.

Draft Report of Parliamentary Committee to Tackle Fake News

• Legal Framework: The panel recommended the introduction of stricter punitive laws that can hold creators, publishers, and digital platforms accountable for publishing or promoting false content. It also raised concerns over the safe harbour clause under Section 79 of the IT Act which protects intermediaries from liability, recommending a review to ensure accountability is maintained without affecting freedom of expression.

• Fact-Checking Mechanism: A significant part of the report underlines the necessity of establishing mandatory fact-checking mechanisms across all print, electronic, and digital media organisations. The committee proposed that every organisation must appoint an internal ombudsman who can review content and prevent misinformation from being circulated to the public. The panel suggested a collaborative model where the government, private media houses, and independent fact-checking bodies work together to counter fake narratives, especially during elections or national emergencies.

• Regulation of AI Content: The committee gave special attention to the role of artificial intelligence in generating misleading or fabricated content. It recommended licensing requirements for AI content creators, compulsory labelling of AI-generated content, and a transparent digital grievance redressal and tracking system. The panel argued that India must not allow itself to fall into the same situation as neighbouring countries where misinformation has been used by anti-national groups to disturb internal peace.

• Institutional Reforms: The committee also called for institutional reforms such as strengthening the Press Council of India, creating an independent central monitoring authority, and forming an expert committee to review existing acts, rules, and guidelines. It recommended the establishment of a dedicated inter-ministerial task force involving officials from the Ministry of Information and Broadcasting, the Ministry of Electronics and Information Technology, the Ministry of External Affairs, and legal experts to tackle cross-border misinformation campaigns.

• Media Literacy: The panel emphasized that tackling misinformation cannot be achieved only through laws but must also involve citizen awareness and media education. It recommended that schools introduce a comprehensive media literacy curriculum along with teacher training so that young people develop critical thinking skills. 

• Global Practices: The committee referred to examples such as France’s election misinformation law to highlight how other countries are also taking proactive steps against disinformation. It recommended that India explore global partnerships and adopt best practices to build a robust system capable of dealing with both domestic and cross-border fake news.

Why India needs Regulations to Curb Fake News?

• Harms Public Trust: A study in India in December 2024 found that 46% of all fake news content was political in nature and almost 77.4% of misinformation came via social media platforms like Facebook and Twitter. This data shows fake news undermines trust in democratic institutions.

• Affects Voters: In early 2024 a survey of first time voters across 28 Indian states showed that 78.9% of them encountered fake news on social media before the 2024 elections. This exposure can mislead new voters and distort electoral choices.

• Global Concern: A UNESCO/IPSOS survey conducted in September 2023 across 16 countries where elections were due in 2024 revealed that 88% of people want governments and regulators to take fast action against disinformation. This shows public demand for regulation is high. 

• Widens Social Divisions: A study of India during 2020-21 found over 200% increase in misinformation spread during the COVID-19 pandemic compared to before it. This surge worsened communal tensions and polarized communities. Regulators must intervene to prevent harm to communal peace. 

• National Security: The government observed that fake news in both digital and traditional platforms has reached an alarming level, posing risks to national security and democratic credibility. According to government data, the Press Information Bureau had already flagged over 1,500 fake news cases between 2022 and 2025, which demonstrates the scale of the problem.

Government’s Initiatives to Counter Fake News

• Information Technology and Cyber Laws: The Government has built a strong legal foundation through various acts to penalize individuals or platforms responsible for spreading false information. The Information Technology Act, 2000 under Section 66D provides punishment for cheating by impersonation using digital means. Later, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were introduced to regulate online publishers of news and current affairs content as well as streaming platforms. These rules provide a Code of Ethics and make digital platforms accountable for harmful or misleading content.

• BNS, 2023: The new Bharatiya Nyaya Sanhita (BNS), 2023 has strengthened the criminal justice framework in relation to misinformation. Under Section 353, spreading false information or rumours, including through electronic communication, with intent to cause public harm has been criminalised. Other related provisions such as Section 175 and Section 197 also target deliberate attempts to mislead citizens or create panic.

• Fact Check Unit: In November 2019, the Government set up a Fact Check Unit (FCU) under the Press Information Bureau (PIB), Ministry of Information and Broadcasting. The main role of this unit is to verify information related to the Central Government that circulates in the public domain. Once verification is done with authentic sources, the FCU publishes the corrected information on its official social media platforms.

• Regulation of Print Media: The print media in India is guided by the Norms of Journalistic Conduct issued by the Press Council of India (PCI). The Council has powers under Section 14 of its Act to hold inquiries when newspapers or journalists publish fake or defamatory content. It can issue warnings, admonitions, or censures depending on the seriousness of the violation. 

• Similarly, for television, the Cable Television Networks (Regulation) Act, 1995 lays down the Programme Code, which prohibits obscene, defamatory, or deliberately false content from being broadcast. 

• With the Cable Television Network (Amendment) Rules, 2021, a three-tier grievance redressal mechanism was introduced to strengthen accountability of private satellite channels.

Challenges in Tackling Fake News in India

• Internet Penetration: The rapid growth of internet access has made India one of the largest digital societies in the world. According to the Internet and Mobile Association of India (IAMAI) report of 2023, more than 55% of the population had access to the internet. This figure translates to over 750 million users, most of whom consume news and information through social media platforms. The speed of circulation and the volume of online information create a challenge for regulators.

• Lack of Critical Awareness: While India has made progress in expanding internet access, the country faces the problem of digital illiteracy. Government surveys show that only 38% of households in India are digitally literate, which means a majority of people do not have the skills to identify authentic sources or distinguish fake information from reliable content. This lack of critical awareness is especially visible in rural and semi-urban areas.

• Rapid Technological Changes: The emergence of artificial intelligence tools has added another layer of complexity to the problem. AI can now generate highly realistic images, videos, and text within seconds, making it harder to differentiate. Deepfake technology is already being used to create false political speeches or manipulate personal reputations, which poses a direct risk to democratic processes and individual rights. 
• Risk to Freedom of Speech: Stricter regulation of misinformation might lead to curbs on free speech. India’s Constitution under Article 19(1)(a) guarantees the right to freedom of expression, and any attempt to regulate content must balance this fundamental right with the need to prevent harm caused by false information. The Bombay High Court recently struck down the FCU. The court ruled that such powers could potentially be misused to silence dissent or critical reporting.