The Karnataka Mis-Information and Fake News (Prohibition) Bill, 2025 has been introduced with the intent to curb the spread of false information on social media and digital platforms. The proposed legislation includes stringent penalties, such as imprisonment of up to seven years, for those found guilty of deliberately sharing misleading or fabricated content. While the bill seeks to uphold truth in digital communication, it has sparked intense debate over freedom of expression and state control.
Main Features Of Legislation
The bill broadly defines "fake news", including fabricated stories and manipulated audio-visual material. It also targets the intentional or reckless spread of false information, categorising it under misinformation. Although the bill exempts personal opinions and artistic works, the absence of a precise definition for "artistic expression" leaves room for interpretation and potential misuse.
Oversight And Regulatory Authority
To implement the bill, the government plans to establish a regulatory body, led by the Minister for Kannada and Culture. The authority will include members from the state legislature, senior officials, and representatives from social media companies. This committee will have the power to officially label content as fake or misleading and take appropriate action to remove or block it.
Judicial And Legal Background
The bill follows a notable decision by the Bombay High Court, which previously invalidated portions of the 2021 amendments to the Information Technology Rules due to inadequate judicial oversight. That ruling underscored the risks of excessive state control over online content and the potential harm to free speech, prompting fresh attention on how such laws are drafted and enforced.
Potential Impact On Free Expression
Legal experts and civil rights advocates have raised red flags about the vague language used in the bill. Terms such as “fake” or “misleading” lack clear, objective criteria, which could allow for subjective interpretation. There are fears that this legislation might be used to suppress dissenting opinions or target critical voices under the pretext of controlling misinformation.
A First-of-its-Kind Legislation At State Level
The Karnataka bill stands out as the first state-level attempt in India to introduce a dedicated law targeting digital misinformation. Previous efforts at national regulation, including amendments to the IT Rules, have been challenged for being overly broad and lacking safeguards. Karnataka’s move could potentially inspire similar legislation in other states, making this a crucial test case.
Mixed Public Response
The proposed law has evoked divided reactions. Supporters believe it is a timely step in countering the rising tide of online falsehoods, especially during elections or public health crises. On the other hand, critics argue that it may become a tool for censorship, with disproportionate impact on journalists, activists, and individuals expressing dissent.
As Karnataka moves forward with this legislation, the broader challenge remains how to balance digital regulation with constitutional freedoms, ensuring accountability without stifling public discourse.
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