In a country where over 600 Mn people actively use WhatsApp and around 240 Mn use Facebook, social media has become a potent weapon, thanks to the speed at which information spreads across platforms, unchecked, unfiltered, and often unverified. Without a doubt, social media has opened the floodgates of misinformation, so much so that it has now become impossible to tell what’s fake and what’s not.

Not to mention, such acts can polarise communities, amplify social tensions, spread fear, fuel hatred, weaken societal trust and shake the foundations of democracy. Isn’t this what the miscreants want — to bring chaos to the order?

To curb the rise of misinformation, the Government of Karnataka has introduced the Misinformation and Fake News (Prohibition) Bill, 2025.

The 11-page draft bill proposes criminal penalties of up to seven years in prison and a fine of up to INR 10 Lakh for those found guilty of spreading misinformation via digital media.

The bill, if passed, would give the state the authority to take action if found guilty of spreading “fake news” or “anti-women content”, promoting “superstition”, or insulting “Sanatan symbols”.

Despite the intent being in the right place, the bill’s vague language and sweeping powers have raised serious concerns about potential misuse, censorship, and infringement on free speech. While it proposes strict actions against persons involved in the dissemination of questionable content, it puts tech giants and startups in a precarious position by holding them and their leadership liable for user-generated content on their platforms.

Now, before we dive deeper into addressing some of these concerns, let’s steal a glance at the existing frameworks governing Karnataka.

Under the current regime, IT Rules 2021 and their 2022 amendments hold platforms accountable but do not directly criminalise misinformation.

Provisions under IPC Sections 153 (provocation with intent to cause riot) and 295 (defiling a place of worship with the intent to insult the religion of any class of persons) are applicable mainly in cases involving hate speech or communal tensions. Defamation laws exist, but are civil in nature and slow-moving.

This legislative lacuna is what the Karnataka government aims to fill. With the misinformation bill, the state seeks to maintain “social decency” and “Indian cultural values” on the internet.

However, many stakeholders fear that terms as open-ended as “Indian cultural values” are very subjective and open to interpretation. This could pave the way for selective enforcement, allowing authorities to target content based on political or ideological bias.

Sweeping Powers, Ambiguity Raise Frowns

According to the Misinformation and Fake News (Prohibition) Bill, 2025, anyone found guilty of publishing or sharing misinformation that affects public health, safety, peace, or the fairness of elections could face........

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