The government of Karnataka is soon going to release a Karnataka Mis-Information and Fake News (Prohibition) Bill, 2025 (“Bill”) which seeks to prohibit and criminalize dissemination of mis-information and fake news by social media users on the social media platforms. Presently, an unauthenticated version of the Bill has been released online by a New Delhi based Think-Tank and as such has made headlines.
As per the Bill, fake-News would mean and includes: (a) any misquotation or false and/or inaccurate reporting of someone’s statement; (b) editing any audio/video resulting in distortion of facts or context; or (c) purely fabricated content.
Similarly, mis-information has been defined to mean knowingly or recklessly making false or inaccurate statement of fact (any statement which may be perceived by a reasonable person as a facts) in the context which it appears. However, this definition excludes opinions, religious or philosophical sermons, satire, comedy, parody, any other artistic expression which shall not be perceived as statement of fact by a reasonable person.
The Bill specifies two set of offences:
- Communicating or abetting the communication of mis-information prejudicial to public health, safety, tranquillity or conduct of free & fair elections; and
- Posting fake news on social media platforms.
The Bill envisages that the abovementioned offences will be tried by Special Court with exclusive jurisdiction to try cases pertaining to offences specified under the Bill. The Special Court shall also, during the pendency of a case, have the authority to issue:
- Correction Direction- to display official correction that the content is false or incorrect; or
- Disabling Direction- to cease the communication or disable the access to the content spreading mis-information.
These directions can be issued to intermediaries, publishers or any other entity which exerts supervisory and regulatory control over the communication medium disseminating mis-information. Such directions can be challenged by making application in the Special Court by aggrieved parties and shall be decided within a period of thirty (30) days.
Additionally, the state government shall establish a six-member Fake News on Social-Media Regulatory Authority (“Regulatory Authority”) which shall ensure prohibition of fake news, abusive and obscene content such as anti-feminist or insulting dignity of females, content disrespecting Sanatan symbols and beliefs, promoting superstition on social media platforms. Further, the Regulatory Authority shall ensure that the content relating to science, history, religion, philosophy, and literature published on social media platforms shall be based on authentic research.
Penalties for posting fake news on social media platform shall be imprisonment up to seven years or fine up to rupees ten lakhs or both. Similarly, penalties for communicating mis-information shall be imprisonment for two to five years and fine. Abetting communication of mis-information shall be imprisonment for two years and fine.
Further, any non-compliance with the directions of Special Court without a reasonable cause may be punishable with imprisonment of two years and a fine of rupees twenty-five thousand per day during which contravention continues to a maximum of rupees twenty-five lakhs.
The applicability of the Bill extends to individuals (social media users) or company personnel, who at the time commission of offence were in charge of, responsible for the conduct of the company except in cases where a person proves that he had no knowledge or that he had exercised all due-diligence to prevent the contravention of the provision of the Bill.
It remains to be seen whether Karnataka’s bold and unprecedented attempt to legislate against online mis-information and fake news will stand the test of constitutional scrutiny and practical enforceability. While the Bill seeks to address a real and growing concern in the digital age, its sweeping definitions, broad regulatory powers, and stringent penalties raise pressing questions about potential overreach, freedom of speech, and due process. As the public, courts, and policymakers await the official version of the Bill, the ensuing debate is likely to shape not just the future of online discourse in Karnataka but also influence the contours of digital governance across India.