Addressing the Challenges of Fake News in India: Assessing the Role of Law, Digital Platforms, and Media Literacy

Author(s): Simran Choudhary, Dr. Asha Rani Rawat

Publication #: 2509026

Date of Publication: 12.01.2025

Country: India

Pages: 1-10

Published In: Volume 11 Issue 1 January-2025

Abstract

This paper examines India’s multi-dimensional response to online misinformation (commonly described as “fake news”), focusing on legal instruments, platform governance, and media literacy interventions. It analyses existing legal provisions used against harmful online speech, reviews two prominent legislative proposals that have surfaced in the last half-decade, and critically assesses why sweeping statutory approaches to ‘fake news’ have not been implemented at the national level. The paper pairs doctrinal legal analysis with secondary empirical data drawn from a reputable Indian fact-checking organisation to illustrate the scale, topical distribution and harms of misinformation. It argues that an effective, rights-respecting response should avoid broad criminalisation, instead favouring narrowly tailored legal measures for high-harm conduct, strengthened platform accountability with procedural safeguards, and sustained investment in context-sensitive media and digital literacy. The paper concludes with concrete policy recommendations for lawmakers, platforms and civil society.

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