The Supreme Court of India has recently called upon the Centre to deliver information regarding available legal avenues for addressing grievances related to television content. The court further demanded the formulation of an authoritative body to monitor and combat the spread of fake news and bigotry by broadcasters.
Origins of the Case
This development arose from a Public Interest Litigation (PIL) case launched by several associations who expressed criticism towards the way certain news channels and portals reported on the Tablighi Jamaat gathering that took place in March 2020. The event, which became a notable early epicenter for Covid-19 in India’s capital, sparked controversy due to claims of biased reporting. Petitioners requested court intervention to prevent the spread of fake news and enforce stringent penalties against media groups that used the incident to stir religious tensions.
Court Proceedings and Government Stance
In October 2020, the apex court sought a response from the Centre regarding the measures undertaken to prevent the spread of fake news through digital and electronic platforms. In reply, the government highlighted its policy advisories, asserting that most media outlets had maintained a balanced and neutral reporting stance in the particular case. However, the court deemed this reply as insufficient and raised questions about how the regulatory provisions of the Cable TV Network (Regulation) Act of 1995 would apply to TV broadcasts.
The Threat of Fake News
Fake news refers to misinformation or hoaxes deliberately crafted to mislead readers or viewers. These fabrications can be politically motivated, aimed at causing confusion, or used for their creators’ financial gains. The proliferation of fake news undermines free speech, informed choices of citizens, and can lead to the subversion of democratic processes.
Mediating Mechanisms
Some strategies to counteract fake news include rebuttals, or fact-checking exercises that debunk false news by pointing out errors. Public education is also an effective tool, whereby citizens are taught verification techniques that can help them determine the accuracy of news items before sharing them.
Existing Legal Landscape to Curb Fake News in India
India currently lacks a specific law against fake news. Freedom of press largely derives from Article 19 of the Constitution guaranteeing Freedom of Speech. Regulatory bodies like the Press Council of India, News Broadcasters Association, Indian Broadcast Foundation, Broadcasting Content Complaint Council, and laws under the IPC and IT Act collectively provide a framework for addressing journalistic ethics violations and controversial media content. Defamation cases, both civil and criminal, can also be lodged against those who disseminate fake news.
Challenges and Future Directions
While misleading information has been around since the inception of the printing press, the internet and social media have amplified its reach. The manipulation of algorithms on social media and search engines has now become a global trend. Dishonest media content is posing significant societal challenges leading to hostility online and real-world violence. Countering this while preserving internet and media freedom will require enhanced public education, improved regulations, and algorithm modifications by tech firms to ensure better news curation. It is crucial that any future legislation considers the entire scenario and avoids blaming media or seeking impulsive solutions. In the era of new media, anyone can create and circulate news for concealed benefits.