The draft bill seeks to regulate digital content that harms public health, safety, law and order, or influences elections. It also empowers the state to block posts deemed anti-feminist, obscene, or derogatory toward "Sanatan symbols."  Credit: iStock
Governance

Karnataka’s Misinformation & Fake News Bill 2025: Why Social Media Users Call It ‘Draconian’

Digital rights organizations like the Internet Freedom Foundation (IFF) warn that the law could threaten free speech, arguing that the government should not unilaterally decide what constitutes "fake news." They demand public consultation before the bill is finalized.

Geetha Sunil Pillai

Bengaluru- The Karnataka government has prepared a new draft bill against spreading fake news and misinformation, proposing up to seven years in jail and a fine of up to ₹10 lakh for social media posts that spread misinformation, obscene content, hatred against women, or insults against Sanatan Dharma.

If passed, this law could impose strict penalties on social media users, content creators, and even platforms.

The Karnataka Misinformation and Fake News (Prohibition) Bill, 2025, in the works for two years, aims to crack down on false or misleading content, especially on social media.

However, critics argue the bill risks misuse to silence critics, pointing to cases like Kunal Kamra’s, where satire was targeted as ‘fake news’; they insist on transparent consultations before the law is enacted.

Key Highlights of the Bill:

  • 7-year jail term – Punishment for fake news, obscene content, or posts insulting women/Sanatana Dharma.

  • Fine up to ₹10 lakh – For spreading misinformation on social media.

  • Action against companies – Social media platforms may face penalties if they fail to remove harmful content.

  • Non-bailable offence – Those arrested under this law may find it difficult to obtain bail.

The draft bill seeks to regulate digital content that harms public health, safety, law and order, or influences elections. It also empowers the state to block posts deemed anti-feminist, obscene, or derogatory toward "Sanatan symbols." A new regulatory authority and special court will be established to enforce these rules.

The draft defines "misinformation" as knowingly or recklessly spreading false or inaccurate facts, excluding opinions, satire, parody, or artistic expressions. "Fake news" includes misquoting statements, editing audio/video to distort facts, and fabricating content.

Proposed "Fake News Regulatory Authority on Social Media"

The bill proposes a six-member authority, headed by the Kannada and Culture Minister, including representatives from the Legislative Assembly, Legislative Council, social media platforms, and an IAS officer as secretary.

Functions of the Authority:

Meeting at least twice a month, the Authority will be responsible for enforcing a ban on fake news, as well as abusive and obscene content. Its functions would be to:

  • Ban fake news, obscene, and objectionable content.

  • Monitor and remove content deemed derogatory or anti-women.

  • Direct social media platforms to take down posts that may disturb public peace.

  • Ensure only verified information is shared online.

Digital rights organizations like the Internet Freedom Foundation (IFF) warn that the law could threaten free speech, arguing that the government should not unilaterally decide what constitutes "fake news." They demand public consultation before the bill is finalized.

In a detailed statement, IFF emphasised, " Importantly the Karnataka Fake News Bill, 2025 has not yet been published nor put up for public consultation. Criminal speech offences drafted in broad terms invite partisan or selective enforcement. We has seen this play out before: the Supreme Court struck down Section 66A of the IT Act in Shreya Singhal v. Union of India for chilling lawful expression through vague language. More recently, Kunal Kamra and several media bodies successfully challenged the Union Government’s “fact-checking unit” under the 2023 IT Rules on the same grounds — that the State should not be arbiter of truth with the power to penalise dissent. The Bombay High Court’s judgement signalled the constitutional incongruity of empowering an executive-led body to define and punish “misinformation”.

Many social media users have criticized the proposal. One questioned, "Who decides what’s fake news? If thousands share a post, will all be jailed?" Another called it an "draconian, illogical and oppressive law," demanding that politicians spreading lies during elections also face penalties.

Writer and Journalist Sushant Singh wrote: "The bill should be wirthdrawn. Period."

The bill is currently in the draft stage and will be introduced in the assembly after cabinet approval. If enacted, social media users in Karnataka will need to exercise extreme caution in their posts.

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