Laws Against Spreading Fake News or Misinformation Online in India
Fake news isn’t just a social menace — in India, it can be a serious criminal offense under various laws. With the rapid growth of social media platforms like WhatsApp, Facebook, Instagram, and X (formerly Twitter), fake news spreads fast, often inciting panic, hate, or violence. This post explains what Indian law says about spreading misinformation online, the penalties, and how to report such offenses effectively.
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What Is Considered Fake News Under Indian Law?
Fake news generally refers to any content that is:
- False or misleading
- Presented as fact
- Shared or published knowingly or negligently
- Capable of causing harm — emotionally, politically, socially, or economically
This includes:
- False COVID-19 information or medical claims
- Edited or deepfake videos/images to defame someone
- Spreading misinformation during elections
- Hate speech or communal rumors via WhatsApp forwards
- Fake job ads or government schemes
Key Laws That Apply to Online Misinformation
There is no single “Fake News Act” in India. Instead, various laws apply depending on the content, intent, and outcome:
- Section 66D of the IT Act: Punishes online cheating by impersonation — often used in fake identity-related misinformation.
- Section 505 of the IPC: Criminalizes spreading false information likely to incite fear, panic, or violence.
- Section 153A IPC: Applies if the fake news promotes enmity between different groups.
- Section 124A IPC (Sedition): Rarely used — but can apply if fake news incites violence against the State.
- Disaster Management Act, Section 54: Specifically punishes false alarms during public emergencies (like COVID).
Penalties for Spreading Fake News
Depending on the severity and result of the act, a person can face:
- Up to 3 years of imprisonment for creating or forwarding harmful fake content
- Fines up to ₹1 lakh or more
- Police arrest and criminal record — even if you were not the original creator
- Increased penalties if the fake news results in riots, mob violence, or election manipulation
Real-Life Examples of Legal Action
- COVID-19 Misinformation: Several individuals were arrested during the pandemic for posting fake death tolls, vaccine rumors, or lockdown panic messages.
- Communal Violence: Fake videos shared in Delhi and Bengaluru led to arrests under IPC 505 and 153A.
- Fake Job Offers: Scam portals impersonating government bodies have been booked under IT Act 66D and 419 IPC.
How to Report Fake News or Misinformation
1. To Cybercrime Portal:
- Visit cybercrime.gov.in
- Click “Report Other Cybercrime”
- Select the option for “Fake News or Misinformation”
- Submit screenshot, links, platform details, and your contact info
2. To Social Media Platforms:
- WhatsApp: Forward message to +91-9643000888 (PIB Fact Check), or use in-app “Report”
- Facebook/Instagram: Click the three dots > “Report Post” > “False information”
- Twitter/X: Report the tweet > Select “Misleading or deceptive information”
Legal Protections and Responsibilities
Even ordinary citizens can be held responsible if they:
- Knowingly share a false post without verification
- Create satire that mimics real news but causes panic
- Retweet or forward fake political claims during elections
However, Indian law generally requires *intent* or *negligence* — honest mistakes may not lead to punishment if corrected promptly.
Tips to Stay Legally Safe While Sharing Content
- Verify news with credible sources like PIB, AltNews, BOOM Live
- Check the date and source before forwarding any content
- Think twice before resharing sensational content
- Delete incorrect posts immediately if flagged
- If you run a blog or channel, always issue disclaimers when discussing unverified claims
