Parl panel seeks tougher penalties and mandatory fact-checking to curb fake news

New Delhi: A parliamentary panel has warned that fake news poses a “serious threat to public order and the democratic process” and has urged the government to tighten laws, impose stronger penalties, and fix accountability across the media ecosystem.

In a draft report adopted on Tuesday, the Standing Committee on Communications and Information Technology, chaired by BJP MP Nishikant Dubey, called for amendments to existing penal provisions, a substantial increase in fines, and the introduction of accountability measures to curb the menace. 

Mandatory fact-checking and ombudsman

Among its key recommendations, the panel said, “The Committee desires the Ministry of Information and Broadcasting to ensure that fact-checking mechanisms and internal ombudsmen are made mandatory in all print, digital and electronic media organisations of the country.”

The draft also proposes a collaborative framework involving government agencies, private entities, and independent fact-checkers to address misinformation more effectively. 

The report is addressed to both the Information and Broadcasting Ministry and the Electronics and IT Ministry, which the panel also oversees. 

It is likely to be tabled in Parliament in the upcoming session.

Defining fake news and tightening liability

The committee stressed the need to assign responsibility across the value chain—editors and content heads for editorial control, owners and publishers for institutional lapses, and intermediaries and platforms for carrying or amplifying false information. It underlined that this may require amending penal provisions in existing Acts and rules.

The panel also observed that the current definition of “misinformation” and “fake news” remains ambiguous. It asked the government to bring clarity by incorporating specific clauses into the regulatory framework for print, electronic and digital media. This, it said, must be done while “maintaining the delicate balance of combating misinformation and protecting freedom of speech and individual rights as guaranteed under the Constitution.”

It further suggested that fines be increased to create a stronger deterrent for creators and publishers of fake content.

Cross-border misinformation and AI-generated content

Highlighting the growing challenge of cross-border misinformation, the committee recommended closer cooperation among ministries at the national level, as well as collaboration with international bodies. It said India could draw from global best practices such as France’s law on election misinformation, and proposed creating a small but dedicated Inter-Ministerial Task Force with representatives from the Information and Broadcasting, External Affairs, and IT ministries, along with legal experts.

The panel also urged the use of technology to counter emerging threats like AI-generated fake content. “The Committee recommends Inter-Ministerial coordination for exploring the feasibility of licensing requirements for AI content creators and mandatory labelling of AI-generated videos and content, and apprise them about the action taken in the matter accordingly,” the report said.

Media literacy and safe harbour concerns

To build long-term resilience, the committee suggested the development of a comprehensive media literacy curriculum integrated into school education, along with training for teachers, instructors and librarians. It also called for large-scale public awareness campaigns to encourage critical thinking among citizens.

At the same time, the panel flagged industry-wide concerns around the “safe harbour” provision under Section 79 of the IT Act, 2000, which shields digital platforms from liability for third-party content, subject to certain safeguards. According to the draft, many stakeholders warned that algorithms of major platforms tend to amplify sensational or misleading content, fuelling the virality of fake news.

“During examination of the subject, most of the stakeholders expressed their concern related to amplification of fake news through algorithmic biases because this vicious cycle often leads to virality of fake news,” the committee noted.

In conclusion, the panel recommended stricter fines for repeat offenders, the establishment of an independent regulatory body, and the deployment of AI-enabled tools with human oversight to detect and prosecute those responsible for spreading misinformation.