Answer

Fake news threatens democracy, distorting public opinion and electoral integrity. A Microsoft survey found that over 60% of Indians encountered disinformation online, exceeding the global average. Despite laws like the IT Act and Election Commission guidelines, emerging threats like deepfakes and AI-driven propaganda challenge India’s ability to regulate digital misinformation effectively

Increasing misuse of digital platforms for spreading fake news, especially during elections

• Deepfake proliferation: Politicians and parties use AI-generated deepfakes to spread manipulated speeches or visuals to mislead voters and damage opponents’ credibility.
• Misinformation on voter turnout: False claims about polling dates, voter ID requirements and turnout percentages mislead citizens, discouraging participation and affecting democratic processes.
  For example: In the 2019 General Elections, WhatsApp messages falsely claimed that voters could cast ballots without voter ID, misleading first-time voters.
• Communal and caste-based propaganda: Fake news is often used to incite communal tensions by spreading misleading stories about religious or caste-based discrimination during elections.
• Fabricated opinion polls: Social media is flooded with fake pre-election surveys favoring specific parties, misleading voters about public sentiment and influencing their decisions.
• Misuse of social media ads: Political parties use unregulated digital advertisements to promote false narratives and target specific voter groups with misleading content.
  

Effectiveness of existing legal frameworks in India to combat disinformation

• IT Rules 2021 enforcement: The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 hold social media platforms accountable but lack effective monitoring mechanisms.
  For example: Despite these rules, Twitter and Facebook failed to curb fake news during the Assembly elections, allowing misleading posts to go viral.
• Section 505 IPC limitations: Section 505 of the Indian Penal Code (IPC) penalizes the spread of false information, but low conviction rates make it ineffective as a deterrent.
• Election Commission’s MCC guidelines: The Model Code of Conduct (MCC) instructs political parties against spreading fake news, but enforcement is limited to advisories without legal binding.
• Fact-checking partnerships: Platforms like Meta have fact-checking partnerships, but these lack legal enforcement, making compliance voluntary.
  For example: During the 2024 Lok Sabha elections, Meta’s fact-checking partners flagged fake political ads, but many misleading posts remained unchecked.
• Limited impact of PIB fact-checking unit: The Press Information Bureau’s (PIB) fact-checking unit debunks fake news, but its scope is limited to government-related misinformation.
  For example: While PIB debunked fake claims about electoral bonds in 2023, it did not address widespread political disinformation campaigns.

Additional steps to strengthen these mechanisms

• Mandatory real-time fact-checking: Government should mandate AI-driven fact-checking systems for major platforms, flagging and removing fake news within minutes of detection.
  For example: The EU’s Digital Services Act requires platforms like Google and Meta to act on misinformation within 24 hours, reducing election-related disinformation.
• Stronger legal deterrents: Amending laws to increase penalties for deliberate misinformation, including higher fines and potential disqualification for political entities, will deter offenders.
  For example: In Germany, the 2018 NetzDG law imposes fines of up to €50 million on platforms failing to remove disinformation promptly.
• Election Commission’s independent oversight: Establish an independent Election Disinformation Task Force to monitor and penalize political misinformation before and during elections.
• Regulating political ads on social media: Platforms should be required to disclose ad funders, target demographics, and content sources to prevent manipulation.
  For example: In the U.S., the Honest Ads Act mandates transparency in digital political advertisements, reducing misinformation risks.
• Digital literacy campaigns: Large-scale digital literacy initiatives in schools and communities can help citizens identify fake news and avoid spreading misinformation.

A robust legal framework must evolve alongside technological advancements to counter disinformation effectively. Strengthening fact-checking mechanisms, imposing stringent penalties on offenders, enhancing digital literacy, and promoting platform accountability are crucial. A proactive, multi-stakeholder approach is imperative for safeguarding democratic integrity.

DOWNLOAD PDF