Answer by Commander Rathore: The damage caused due to fake news on social media has increased due to the growth of the internet penetration in India. Internet usage in the country has exceeded 566 million, driven by rural internet growth (290 million internet users) and usage. In addition, there are 346 million Facebook users in India, there are 15.5 million Instagram users in India and India has over 34.4 million monthly active users on Twitter.
Technology and social media along with broadcast media are being effectively used by the Central and State governments to update the people on the prevalence and spread of the Covid-19, especially on the precautions to be taken along with the right health and hygiene habits.
It is true that the social media is rife with all sorts of posts, ranging from information about the disease’s outbreak to false news about its origin and spread, not to mention offering untested ‘treatment’. A larger section forwards whatever posts reaches them, across groups, often out of ignorance or the excitement of becoming a ‘news breaker’. We need a much wider awareness exercise, involving all stakeholders, to make every section of the society aware of the laws and regulations as well as the harmful effects of fake posts.
Sir, at present, India does not have a specific law to deal with menace of fake news, but we still have existing legal provisions under Indian Penal Code. India must use provisions in the IT Act, Penal Code, and the Disaster Management Act to tackle misinformation and initiate an intense awareness campaign on false news and privacy violations.
Section 66 D can be used against a person if he/she propagates a false information by means of any communication device or computer resource. Under the IT Act and the rules notified in April 2011 for social media intermediaries (Facebook owned WhatsApp etc.), their liability did not arise if they were not responsible for the inception, transmission, and reception of content via their networks. However, Facebook and Google, about forming an Information Trust Alliance (ITA) to weed out fake content. They need to expand their network of fact-checkers, which these intermediaries employ individually. For example, in 2019, Facebook roped in seven partners across the country covering six languages, who will review and rate the accuracy of stories on Facebook. Another example of action by WhatsApp is that a text/post related to corona virus can only be forwarded to one person.
Section 505(1)(b) of the Indian Penal Code (IPC) addresses a wider canvas —spreading false and mischievous content that results in ‘fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility’. Under this law, the convicted can be punished with imprisonment of a maximum of six years and a fine.
Provisions of Section 54 of the Disaster Management Act (DMA), 2005 — which deals with ‘false alarm or warning as to disaster or its severity or magnitude, leading to panic’ — have been applied in the few arrests made so far.
If a group of social worker or health workers or any other citizens are being targeted through false propaganda, IPC Sections 153 and 295 can be invoked to guard against fake news. In such a case, a FIR can be lodged for "wantonly giving provocation with intent to cause riot" under Section 153 and "injuring or defiling place of worship with intent to insult the religion of any class" under Section 295. If a person finds a fake news defamatory, she/he can file a civil or criminal case for defamation. IPC Section 499 makes defamation a criminal offence.
We as responsible citizens can lodge Complaints against the fake news on any news channel with the News Broadcasters Association (NBA) which represents the private television news and current affairs broadcasters (77 news & current affairs channels are under the association). NBA, is empowered to warn, admonish, censure, express disapproval and fine the broadcaster a sum up to Rs. 1 lakh for violation of the Code. It is self-regulatory in nature and probes complaints against news broadcasters in a fair manner.
There is another body called the Indian Broadcast Foundation (IBF) which was created in 1999 to investigate the complaints against contents aired by 24x7 channels (almost all, approx. 43 major media house) can also be utilized to lodge a complaint. Broadcasting content Complaints Council (BCCC) is the self-regulatory body for non-news, entertainment channels set up by the IBF in consultation with the Ministry of Information and Broadcasting. Viewers can file complaints with the BCCC if a broadcaster incites communal hatred, encourages violence against women or child abuse, airs contents having gory scenes of violence, promotes superstition or consumption of drugs etc.
The matters relating to fake news in print media, could be dealt within the ambit of the Press Council of India. The Press Council of India is a statutory body. The Press can warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist if it finds that a newspaper or a news agency has offended against the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct. It can even require any newspaper to publish details of the inquiry. Decisions of the PCI are final and cannot be appealed before a court of law. However, it does not have the power to review the functioning of the electronic media like radio, television, and internet media.
For screening films including short films, documentaries, television shows and advertisements in theaters or broadcasting via television the Central Board of Film Certification (CBFC) sanction is required. The role of the CBFC is limited to controlling content of movies and television shows, etc. Unlike the PCI, it does not have the power to issue guidelines in relation to standards of news and journalistic conduct. Program and Advertisement Codes for regulating content broadcast on the television, are issued under the Cable Television Network (regulation) Act. The District magistrate can seize the equipment of the cable operator in case he broadcasts programs that violate these Codes.
Radio Channels must follow the same Programme and Advertisement Code as followed by All India Radio. Private television and radio channels must conform to conditions which are part of license agreements. These include standards for broadcast of content. Non-compliance may lead to suspension or revocation of license.
To sum up, India has laws and rules to deal with fake posts & news and sensitive personal data circulation online. Efforts are being made to enhance their scope and make them more effective.