Harsher punishments, jail time: Why activists have flagged Karnataka’s draft ‘fake news bill’ as problematic

The bill’s draft proposal, which was placed before the Cabinet last week, comes at a time when India is battling the issue of fake news.

The draft of Karnataka Mis-Information and Fake News (Prohibition) Bill, 2025, which empowers a committee of lawmakers to identify and label content on social media as “fake news”, has raised concerns among many free speech activists.

The bill’s draft proposal, which was placed before the Cabinet last week, comes at a time when India is battling the issue of fake news. Misinformation, particularly online, has also been blamed for inciting religious polarisation. According to a report by the Internet and Mobile Association of India (IAMAI) and Kantar, the number of active internet users in India reached 886 million in 2024, marking a robust 8 per cent year-on-year growth.

Highlights of draft bill

The 11-page Karnataka Mis-Information And Fake News (Prohibition) Bill says that social media users found guilty can face two to five years in jail.

If one posts fake news on social media platforms, they can also be imprisoned for up to seven years and fined up to Rs 10 lakh. Abetting such offences will also attract a two-year jail term, according to the draft.

These offences are classified as cognisable and non-bailable.

A central feature of the bill is the establishment of a six-member social-media regulatory authority. It will include Minister for Kannada and Culture Information and Broadcasting as the ex-officio Chairperson; one member each from the Legislative Assembly and the Legislative Council to be nominated by their respective Houses; two representatives from social media platforms appointed by the state government and a senior bureaucrat as Secretary.

“Prohibit publication of content amounting to disrespect of Sanatan symbols and beliefs on social media platforms. Prohibit publication of content promoting superstition,” read the draft bill as quoted by Economic Times.

It also proposes to “ensure complete ban on promotion and spread of fake news” including “posting of contents which are abusive and obscene including anti-feminism and insult to the dignity of the female” and “disrespect of sanatan symbols and beliefs” among others.

The draft legislation also outlines a process for aggrieved parties, granting them 30 days to respond to official notices.

Last September, the Bombay High Court struck down as “unconstitutional” a key provision of the amended Information Technology (IT) Rules, 2021 which empowered the government to identify “fake news” on social media platforms through a “Fact Check Unit” (FCU).

Why are there concerns about the draft bill?

According to free speech right activists, the bill stands on shaky constitutional ground. They argue that it ventures into a domain arguably reserved for the Centre. Entry 31 of the Union List grants Parliament exclusive power over "posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication".

Also, the draft bill does not define such offences in practice. “Misinformation is fairly subjective and every person who uses the internet is susceptible to falling within the dragnet of this law,” Apar Gupta, founder of the Internet Freedom Foundation, a New Delhi-based digital advocacy group, told Reuters.

Entities such as SFLC.in have recently issued a statement criticising the draft.

“This Bill could be yet another framework under which the Ministry of Information and Broadcasting and the Designated Officer under the IT Blocking Rules, 2009, could exercise regulatory control and issue blocking orders—as defined under clause 2(l) of the Bill,” SFLC.in told Hindu Businessline.

India has witnessed various misinformation being circulated around issues such as Covid-19 vaccines and cures and the Ahmedabad air crash among others.

Advocate Parina Lalla criticises the bill’s lack of transparency. “How will the bill define fake news or misinformation? Will simply forwarding a message land a housewife or elderly person in trouble?” she told Deccan Herald. “A video of a political leader saying something inflammatory could be completely fabricated. How is an average person supposed to verify that?”

What does the Karnataka government say?

Last week, IT minister Priyank Kharge said that the departments of Law, Home, and IT will hold consultations before a final draft is prepared for implementation.

In a post on X, he said, “a lot of friends from the media have been seeking clarifications” and that there is “a lot of misinformation on the proposed Misinformation Bill in public”.