Blog Details

Introduction

Sun Tzu, one of the greatest military strategists of all time, once said, “The supreme art of war is to subdue the enemy without fighting.” Propaganda as a tool to subdue enemy forces has been practiced since ancient times. However, when this principle is applied in modern times, it implies that misinformation, propaganda, and fake news can be used as potent tools to put a country’s internal law and order or even national security at risk. 

The advent of social media websites has made spreading dubious information just a click away. Recent examples of the 2016 US election show us that fake information is the new go-to weapon for political parties to win elections. In particular, WhatsApp, Facebook, and Twitter have affected India in this regard. 

These sites are rampant with hoaxes about topics ranging from religion to medicine. Mobilizing religious fanatics through messages on WhatsApp groups has also seen a sharp rise recently. Moreover, Twitter seems to be the go-to choice of politicians to point fingers at each other.

Meaning of misinformation or fake news

According to Webwise, “False information is news, stories or hoaxes created to misinform or deceive readers.” This news is created to mislead the readers and further a political or religious agenda. Dubious rumors, morphed images, clickbait titles, and video clips sans context are enough to destroy reputations or spark violent protests. 

Muzaffarnagar in 2013 saw waves of communal clashes where videos shared on WhatsApp fueled communal animosity. Recently, misinformation on alleged ‘cures’ for COVID-19 spread like wildfire. Political partisanship of media houses to target and shame a particular religious or cultural denomination has become a norm. 

Legal aspect 

Article 19(1)(a) guarantees free speech to all citizens. It also makes way for free publication and broadcasting of news. But this right is not absolute and brings reasonable restrictions mentioned under Art 19(2). 

The Press Council of India, under Section 14 of the Press Council Act of 1978, can “warn, admonish or censure the newspaper, the news agency, the editor or the journalist” on the grounds of professional misconduct. The IPC contains Section 153, which punishes the spreader of malicious news intended to cause a riot. 

Whoever circulates fake news that causes a false alarm in public can be punished under section 505(1) of IPC. Suppose anyone, by way of spoken words, visible representation, or written publication, intends to harm the reputation of another person. In that case, they will be liable for defamation under Sections 499 and 500 of the IPC. Sections of the IPC that arise legal liability for outraging religious feelings of any class are 295 and 295A.

Conclusion

The age of digital dissemination of information has gripped the world in its hold. Though a force for good, it also brings the specter of fake news. Fake news has the power to destroy lives and also a nation. The mediums of news dispensation should act as intermediaries and deny access to perpetrators of such misinformation. In addition, digital literacy should be added to the school curriculum to educate future generations on how to combat misinformation. The government should establish quasi-judicial authority as a watchdog to deal solely with fake news and take the burden off the judicial courts.