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Parl panel seeks legal definition of ‘fake news’
A parliamentary committee urges the Indian government to define fake news legally, balancing misinformation control with free speech protection.
New Delhi: A parliamentary committee has pressed the Union government to come up with a clear legal definition of fake news, which it stressed was a threat to public order and democratic process, arguing that the absence of a uniform definition makes the term vague and open to misuse.
In a draft report, the Standing Committee on Communications and Information Technology has noted that while stakeholders such as the Editors Guild of India, News Broadcasters and Digital Association, and leading media houses 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 committee, headed by Bharatiya Janata Party (BJP) lawmaker Nishikant Dubey, adopted the draft report on Tuesday and submitted it to Lok Sabha Speaker Om Birla.
“Yesterday, our parliamentary committee passed a report and submitted it to the Lok Sabha Speaker, proposing struct rules, punishment provisions, and bans for those spreading such malicious propaganda, fake news, and using artificial intelligence to push agendas against women and children on news platforms, Facebook, YouTube, and X,” Dubey said in a post in Hindi on X, pointing out that Parliament is not currently in session.
The draft report, reviewed by HT, also recommended MIB to explore the feasibility of giving statutory powers to the Fact Check Unit (FCU) under the Press Information Bureau (PIB) to act against misinformation related to government schemes and initiatives. Data presented to the panel showed the FCU received over 163,000 queries between April 2020 and April 2025, of which only around 53,000 were found relevant.
To be sure, the FCU does not have enforcement powers and it functions only to verify and flag contents.
The push for statutory powers follows a legal setback in September last year, 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 high court ruled it unconstitutional and violative of fundamental rights, including Articles 14 (right to equality), and 19(1)(a) (freedom of speech and expression).
Beyond fact-checking, the panel 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.
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.
“We will not allow India to become like Bangladesh, Nepal, Sri Lanka, or Thailand. A curb will be placed on elements that mislead by following the agendas of anti-national forces. Any news must be factual,” panel head Dubey said.
Officials in MIB and MeitY were yet to respond to HT’s request for a comment.
