Panel asks govt to define ‘fake news’, mulls statutory powers for PIB fact-check unit

Beyond fact-checking, the committee has called for an independent central monitoring body to decide on cross-platform fake news cases and recommend penalties

New Delhi: A parliamentary standing committee has pressed the government to come up with a clear legal definition of ‘fake news,’ arguing that the absence of a uniform definition makes the term vague and open to misuse.

Data presented to the panel showed that the FCU received over 1.63 lakh queries between April 2020 and April 2025, of which just over 53,000 were found relevant. (Representative photo)

In a draft report reviewed by HT, the committee said that while stakeholders such as the Editors Guild of India, the News Broadcasters and Digital Association, and leading media houses, including HT, differed on how the term should be framed, the Ministry of Information and Broadcasting (MIB) should evolve a “subtle but clear” definition that balances the need to curb misinformation with the protection of free speech.

The draft report, yet to be tabled, also recommends giving statutory powers to the Fact Check Unit (FCU) under the Press Information Bureau (PIB), so that it can act against fake news related to government schemes and initiatives.

Data presented to the panel showed that the FCU received over 1.63 lakh queries between April 2020 and April 2025, of which just over 53,000 were found relevant. However, the unit currently lacks enforcement powers and functions only to verify and flag content.

The push for statutory powers follows the legal setback in September 2024, when the Bombay High Court struck down Rule 3(1)(b)(v) of the amended IT Rules, 2021. The provision had required platforms to take down content flagged as “fake” or “misleading” by a government-appointed FCU. The court ruled it unconstitutional, holding that it violated Articles 14, 19(1)(a), and 19(1)(g) of the Constitution, and was ultra vires the IT Act, 2000.

Beyond fact-checking, the committee has called for an independent central monitoring body with representatives from MIB, the Ministry of Electronics and Information Technology (MeitY), media organisations, and other stakeholders to decide on cross-platform fake news cases and recommend penalties. It has also proposed the formation of an expert group to suggest amendments to existing laws, including the IT Act, 2000, and the Cable Television Network (Regulation) Act, 1995, to better address misinformation.

To strengthen self-regulation, the committee has asked MIB to make fact-checking mechanisms and internal ombudsmen mandatory across all print, digital, and electronic media outlets. It has also flagged that current penalties for fake news are weak, with broadcasters facing fines capped at ₹25 lakh, suspension, or cancellation of licences only in extreme cases. It has recommended higher fines and clear accountability for editors, publishers, intermediaries, and platforms.

While stressing the importance of fighting misinformation to safeguard democracy, the draft report also cautioned that such efforts must be balanced with constitutional guarantees of free speech and press freedom.

HT reached out to MIB and MeitY officials for comment but did not receive an immediate response.