The Karnataka Cabinet’s proposal to introduce the Karnataka Misinformation and Fake News (Prohibition) Bill, 2025, has sparked a major debate over the legality and implications of such a law. The bill seeks to ban the dissemination of misinformation and fake news across social media platforms and proposes the creation of a “Fake News on Social Media Regulatory Authority” to enforce its provisions.
Can Karnataka Frame Its Own Fake News Law?
However, the bill immediately raises a constitutional question ‘Can a state government legislate on matters like fake news, which are intrinsically linked to communication and media subjects that fall within the Union List under the Constitution of India?
Speaking about the right of a state government to frame its own law, Senior Lawyer Sumit Nagpal said that the Karnataka Govt has the complete right to frame its own law.
“The law and order maintenance is a state subject under Constitution and the Karnataka Govt can very well say that fake news leads to law and order problems and they are well within their rights to frame a law dealing with this. However, the misuse of such a law is a real possibility given the fact that now a days various state governments are registering FIRs against journalists who criticize the the state Govt or the politicians who are in power in a particular state.” Senior Lawyer Nagpal said.
The bill, if passed, would allow punishment of up to seven years imprisonment and a fine of up to Rs 10 lakh for individuals found guilty of posting fake news. But critics warn that such sweeping powers, without a central legal framework, could set a dangerous precedent.
Legal experts also argue that the regulation of digital communication, internet platforms, and freedom of expression lies primarily within the domain of the central government.
Freedom of Expression at Stake
India is already grappling with the balance between curbing disinformation and protecting the right to free speech. The Karnataka bill threatens to tilt this balance. The establishment of a regulatory authority that includes political figures and government-appointed members further raises eyebrows, as it could result in politically motivated censorship.
The bill defines fake news broadly, encompassing not just false statements but also edited audio or video clips that “distort facts.” However, in the digital age where satire, parody, and criticism often use such mediums, this provision could lead to arrests for simply expressing an unpopular opinion or highlighting government failures.
Moreover, the imposition of severe penalties up to seven years in prison makes this proposed law among the harshest in India, despite no national legislation backing such punitive action against fake news.
Existing Legal Framework and the Gaps
The Bharatiya Nyaya Sanhita (BNS) and the IT Act, 2000, provide some coverage, but not enough to address the complexities of modern misinformation. For example, Section 66D of the IT Act criminalizes impersonation using computer resources, but is limited in scope.
The IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, aimed to regulate online content but faced significant backlash and judicial scrutiny. The Supreme Court has ruled in multiple instances that any restriction on speech must meet the tests of reasonableness and necessity. Without a strong central law, fragmented state-level attempts could lead to confusion, inconsistent enforcement, and potential constitutional conflicts.
“However the State Govt will have tough time in the Supreme Court as the law may be seen as an attempt to curb freedom of speech and expression as guaranteed under Constitution of India. The law would cover many subjects like opinions and is likely to be misused or silence the critics.” Senior Lawyer Nagpal added
He also reiterated that “The state Govt will also have tough time to explain why there is a need to have a fresh law when the existing laws are already there to deal with the menace of fake news.”
Deepfakes, Disinformation, and Technological Challenges
India is also contending with the rise of AI-generated deepfakes, synthetic media, and coordinated disinformation campaigns. During the 2024 Lok Sabha elections, deepfake videos were circulated widely, attempting to influence voter sentiment. Yet, current laws are ill-equipped to address these technologically advanced threats.
The Karnataka government’s move might be seen as a proactive attempt to address this challenge. Still, experts stress that a national approach, grounded in constitutional safeguards and technological awareness, is essential. Piecemeal legislation by individual states could complicate enforcement and even infringe on citizens’ rights.
A Step in the Wrong Direction?
While the intent behind the Karnataka Misinformation and Fake News (Prohibition) Bill, 2025, may stem from a genuine concern over the menace of fake news, the proposed law poses serious risks to free speech, privacy, and democratic accountability.
A unified, centralized legislative framework that respects citizens’ rights, ensures transparency, and involves independent oversight is the need of the hour. Until then, state-led initiatives like Karnataka’s proposed bill risk becoming tools of censorship rather than instruments of reform.
