Legal Framework Against Fake News and Misinformation in India

Source: The Indian Express

Introduction:

• The surge in fake news and misinformation has prompted law enforcement agencies in India to take decisive action.
• This article delves into the sections of the Indian Penal Code (IPC) and the Information Technology Act (IT Act) that are frequently invoked in cases involving the dissemination of false information and fake news.

IPC Sections:

          I.   Section 153A: Promoting Enmity Between Different Groups

• This section targets acts that propagate hatred or ill-will among religious, racial, or linguistic groups, with the aim of disturbing communal harmony. Offenders may face imprisonment of up to three years, a fine, or both.

        II.   Section 292: Sale of Obscene Materials

• Addressing the sale, distribution, or public display of explicit content, this section prescribes imprisonment for up to three months, a fine, or both for the initial offence, and more severe penalties for subsequent violations.

       III.   Section 295A: Acts Intended to Outrage Religious Feelings

• Penalizing actions that intentionally insult religious beliefs, this section can lead to imprisonment for up to three years, a fine, or both.

    IV.   Section 499 and Section 500: Defamation

• These sections define and penalize defamation, with exceptions for statements that serve the public good. Criminal defamation can result in imprisonment for up to two years, a fine, or both.

       V.    Section 503: Criminal Intimidation

• Criminalizing threats made with the intent to cause fear or compel individuals to act against their will, the punishment varies based on the severity of the threat.

    VI.    Section 504: Intentional Insult to Provoke Breach of Peace

• This section covers intentional insults meant to incite disturbances. Offenders may face imprisonment for up to two years, a fine, or both.

  VII.    Section 505 and Section 505 (1): Statements Conducing to Public Mischief

• These sections target the spread of false statements or reports with the intent to incite fear, alarm, or provoke breaches of peace. The penalties include imprisonment, fines, or both.

Sections under IT Act, 2000:

          I.    Section 67: Publishing or Transmitting Obscene Material Electronically

• This section stipulates a three-year prison term, a fine, or both for those found guilty of disseminating explicit content electronically.

        II.     Section 69: Government Authority to Access Information

• Empowering the government to intercept, monitor, or decrypt information for national security interests, this section outlines the procedures without specifying a particular punishment.

     III.     Section 79: Safe Harbour Provisions for Intermediaries

• This section offers legal protections to intermediaries handling user-generated content, provided they meet due diligence requirements. It doesn’t specify penalties but clarifies the responsibilities and immunities of intermediaries.

Other Relevant Section:

          I.    Section 54 of the Disaster Management Act, 2005

• This section addresses the circulation of fake news related to disasters, imposing imprisonment or fines on offenders.

Conclusion:

The legal framework in India provides a robust arsenal of sections to combat the spread of fake news and misinformation.

Understanding these provisions is crucial in upholding communal harmony and curbing the detrimental effects of false information in society.