Policy Watch: Karnataka plans jail terms for 'fake news'
But the new Bill doesn't define what it means by 'fake news'.
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Karnataka’s government is looking to implement the Karnataka Mis-Information and Fake News (Prohibition) Bill, 2025. It includes up to seven years’ imprisonment and fines of Rs 10 lakh (£9.5k) for social-media users found guilty of spreading “fake news”. What is defined as fake, abusive, or objectionable content? The Bill doesn’t say. Who determines whether something is fake? The state government.
Scroll down for an analysis of this proposed law, and how a British fact-checking pioneer, fits in.
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Policy Watch: Karnataka proposes jail terms for 'fake news'
Let’s get the elephant in the room out of the way first:
The 2025 RSF World Press Freedom Index ranks India at 151 out of 180 countries. The report cites increasing censorship, harassment of journalists, politically motivated arrests, and frequent shutdowns of websites and social media platforms.
Fake news is a serious problem in India. It’s also being exported abroad. The out-of-the-blue Hindu-Muslim riots in Leicester were fulled by misinformation from India, according to an in-depth investigation by The Times.
So misinfo and disinfo are problems which need to be addressed.
What the Bill says
It aims to criminalise the spread of misinformation, holding individuals, companies, and social media platforms liable for fake news. A six-member Fake News on Social Media Regulatory Authority would monitor and regulate online content (i.e. the criminals provisions can be activated by these folks, not just a criminal complaint from the public).
It would be chaired by the state’s Minister for Information (Kannada & Culture) and includes government nominees (MLAs/MLCs) and only two industry representatives (the government chooses all of them). There would be no independent experts (such as judges, civil society members, professional fact-checkers or academics).
Offenders could face 2-7 years in jail and fines up to Rs 10 lakh (£9.5k). The bill specifically bans posts disrespecting “Sanatan” symbols, “anti-feminist” content and beliefs, and posts promoting superstition.
The sanctions are more than they are for some violent crimes in India.
In doing so, the Bill assumes incorrect information is shared online deliberately and maliciously. It makes no allowance for mass literacy efforts (assuming social media users usually share misinfo information unintentionally), or administrative measures to promote transparency and corrections.
Why this is extremely odd
The Congress party (which is in power in Karnataka) has made a big deal over the last few yeas of berating the central government for throttling dissent through authoritarian laws and practices, as well as accusing the BJP of spreading fake news.
The Congress Party’s 2024 General Election manifesto, included commitments to “repeal draconian laws that curb free speech” and defend an “independent, unfettered media.”
But, for example, if you burnt the Manusmriti (an act which defined 1927 Ambedkar’s resistance to oppression for Dalits, and one which was repeated by Dalits in 2023 to commemorate that act, in Bangalore itself), the Bil would make it illegal.
Special fast-track courts will be set up to assess the offences. Bail will only be provided if the judges are first “satisfied” of the accused’s innocence and future good conduct.
India’s Internet Freedom Foundation says, per a finding from the 2023 Status of Policing in India Report, nearly two out of three respondents across the country are already scared to post their political or social opinions online for fear of legal action. The Bill will make it worse.
Less than a year ago, the Bombay High Court held that Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2024, was unconstitutional. The Court sided with petitioner comedian Kunal Kamra (and others) that the central government’s attempt to established a central fact-check unit was unconstitutional. It said an executive cannot appoint itself the final arbiter of “truth”.
How would the Bill deal with 50-50 cases, cases where context is everything, or scientific debates where facts evolve? If fake news is retweeted by 1,000 people, do they all get jailed? The leaked version of the Bill has no view on this. So enforcement could depend on the Authority’s understanding of the cases, at any given time.
What have others said?
The Software Freedom Law Center says:
“This Bill could be yet another framework under which the MIB 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.”
It goes on to the say that the Bill confuses misinformation vs fake news vs disinformation.
“Phrases such as ‘knowingly or recklessly making a statement of fact’ or a ‘misquotation, false or inaccurate reporting’ reveals the Bill’s apparent intent to punish the intentional sharing of false information to deceive the larger public …. Furthermore, criminalising such forms of speech is rather likely to not only produce a chilling effect on freedom of speech and expression, stifle dissenting voices and muzzle independent journalism—all of which are essential facets of a healthy and functional democracy.”
The Internet Freedom Foundation says the Bill invites partisan enforcement, where the State could penalise dissent. It says the government should:
“Publish the full draft bill and background note for public consultation before it is tabled in the Assembly, allowing citizens, media, and experts to review and suggest improvements.”
Even social media platforms take umbrage at government initiatives like this. X’s lawyer said to the Karnataka High Court last week:
“This is the danger, My Lord, that is done now, if every Tom, Dick, and Harry officer is authorised.”
It was in relation to a notice received by X from the central Railways department to remove a video in which a car was being driven on a railway track. That was news, but the government found it unlawful, he told the court. X argued too many government officials could, based on differing standards, procedures and motivations, force X to take down content.
The British connection
The Bill is part of a trajectory of movement from the current Karnataka government, which started an in-house fact-checking unit in 2023.
Its decision to set up the unit was criticised by the Editors Guild of India:
“EGI notes with concern, some aspects of Karnataka govt's decision to set up a 'fact-checking unit' to monitor 'fake news'. We urge all govts to ensure such units are independent of executive control and their scope and powers are specified so as to not trample upon press freedom.”
Britain’s biggest fact-checking company, Logically (a former Bridge India Corporate Member) went into administration recently.
According to The Times, former staff point to a decision by the company to work for Karnataka’s fact-checking unit as a crucial misstep. It says that contract led to the loss of its certification from industry body International Fact-Checking Network (IFCN), which does not allow fact-checkers to be employed by state entities or political parties.
Angie Drobnic Holan, director of the IFCN, said of Logically’s Karnataka contract:
“They lost their certification in part because of that and also concerns about overall transparency. It wasn’t clear what work was journalistic and what work was … private, for lack of a better word. We knew that they were doing some work advising governments, but it wasn’t very clear what the nature of that work was or how it impacted their fact-checking operation.
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The Bridge India Team
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