It is this sanctity that gives news a special place in society. But the phenomenon of fake news targets the core values of news, serving the personal interests of anti-social elements, rumor mongers, or the high and mighty who push their agenda under the guise of news. And when fake news gets digital wings, it turns into viral journalism. If misused, it can spread violence and hatred, create havoc, and prove disastrous for civil society. Nowadays fake news has become a major challenge for the news industry as well as society. The internet revolution has provided a soft ground for spreading fake news and it has become the primary cause of misinformation, inaccuracies in news, misleading news, half-truths, and sometimes highly sensational reporting, which is done to grab the attention of the public and mislead them. Information spreads at such a high speed on social networking sites that distorted, incorrect, or false information has tremendous potential to create real-world impact for millions of users in a matter of minutes. Social networking sites like Facebook and Twitter and messaging apps like WhatsApp have become fertile platforms for spreading fake news.
Fake news has emerged as a major challenge in the digital age, with the potential to mislead the public and disrupt democratic processes. However, in addressing misinformation, it is necessary to balance the fundamental right to freedom of expression guaranteed under Article 19(1)(a) of the Indian Constitution. The challenge lies in combating misinformation without infringing on the right of citizens to dissent or express opinions, i.e., in ensuring that regulatory measures do not suppress legitimate speech. It is this sanctity that gives news a unique place in society.
But the phenomenon of fake news targets the core values of news, feeding the personal interests of anti-social elements, rumor mongers, or the high and mighty who push their agenda under the guise of news. And when fake news gets digital wings, it turns into viral journalism. If misused, it can spread violence and hatred, create havoc, and prove disastrous for civil society.
Nowadays fake news has become a major challenge for the news industry as well as society. The internet revolution has provided a soft ground for spreading fake news and it has become the primary cause of misinformation, inaccuracies in news, misleading news, half-truths, and sometimes highly sensational reporting, which is done to grab the attention of the public and mislead them. Information spreads at such a fast pace on social networking sites that distorted, incorrect, or false information has tremendous potential to create an impact on millions of users in the real world within a few minutes.
Social networking sites like Facebook and Twitter and messaging apps like WhatsApp have become fertile platforms for spreading fake news. Against this backdrop, this paper intends to evaluate the challenges of fake news, its impact on society, the role of the government in regulating digital platforms used to spread fake news, self-regulation of social media, and above all, the responsibility of citizens and youth, who are the future of the country.
There are several difficulties in achieving a balance between combating the problem of misinformation and protecting freedom of speech. The lack of clear definitions for terms like “fake news” or “misleading information” creates legal ambiguity, making it difficult to regulate content without violating freedom of speech rights. Regulatory measures aimed at combating misinformation often lead to government overreach, where authorities may suppress dissent in the context of curbing fake news.
Vague regulation and fear of legal action may lead to self-censorship among individuals, especially in media, political satire, or activism, thereby stifling creativity and open discourse. For example: satirists and comedians may avoid commenting on government policies for fear of repercussions under vague laws. Digital platforms may be under pressure to remove content in advance to avoid legal problems even if the content does not violate any law, which may impact the diversity of opinion available online. Platforms such as Twitter and Facebook may lose their ‘safe harbour’ protections, which protect them from accountability for user-generated content.
Freedom of speech allows individuals to express opinions that may not always align with verified facts, making it difficult to distinguish between misinformation and personal expression. Regulatory controls on misinformation may inadvertently negatively impact investigative journalism, which often involves exposing inconvenient truths regarding powerful institutions. While curbing fake news is essential to prevent threats to national security, an overzealous approach can undermine civil liberties, including freedom of speech.
The law should have clear and specific definitions of what constitutes fake news to distinguish between deliberate misinformation and legitimate opinion. For example: India could adopt a framework similar to the EU’s Digital Services Act, which clearly outlines illegal content without stifling freedom of expression. Establishing independent, non-governmental bodies to fact-check content can reduce the risk of government bias and ensure transparency. Proportionate regulation: Regulatory action must be proportionate and must not result in blanket bans or removal of content.
It is essential to strike a balance between accountability and independence. Ensuring judicial oversight for content removal requests helps prevent arbitrary decisions and protects individuals’ rights to free expression. The long-term solution to misinformation lies in improving media literacy, enabling the public to independently and critically evaluate news sources and information. Government programs such as Digital India can be integrated into media literacy drives to teach citizens how to identify and avoid fake news. Platforms and regulatory bodies must be transparent in terms of why content is flagged or removed, and provide clear reasons to build public trust. The law should focus on curbing harmful misinformation (e.g., fake medical advice) while allowing harmless falsehoods or opinions to remain protected under freedom of speech.
In the fight against fake news, achieving a balance between combating the problem of misinformation and protecting the fundamental right to freedom of expression is essential to preserve democratic values. Transparent and well-defined rules that do not lead to government overreach, combined with media literacy and judicial oversight, can protect both national security and civil liberties. This balanced approach will ensure that the problem of misinformation is combated as well as freedom of expression is preserved in India’s digital age.
