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FAKE NEWS AND MISINFORMATION: THE SPREAD OF FALSE INFORMATION

Abstract
The concept of fake news and misinformation is emerging day by day in our world creating serious issues worldwide. The rapid growth of digital platforms has improved access to information but it does not look into the authenticity of news which are now spread through the digital platform. This blog explains about the fake news, its historical background and its impact on the society . As news is the backbone of the public opinion , it should not be manipulated.

Introduction
Information now reaches millions of people within blink of eye due to the growth of digital technology. Anybody can communicate and spread the news or information with the world through their digital instruments. As it is very easy to share news the reliability of news are in question now. The information shared can influence people thinking and create a public opinion on that matter. The term ‘fake news’ become very popular and grabbed our attention in recent years. Fake news are the news with are completely wrong and it is presented as it is real , this can create panic, confusion and public opinion in people. Whereas, when a person shared a news thinking it as real but actually it is wrong. It is Misinformation.

Historical Background
Fake news are considered as a modern trend but it can even be seen in earlier form of our communication. In the earlier age where print media was dominating the world, exaggerated or false news were sometimes published to influence the public opinion and manipulate the public at large and now as spreading news become very easy , the spreading of fake news and misinformation reach its peak. The digital platform is slowly turning into a space where one person can share anything without confirming the originality of that particular information.

During war time governments of that period use the method of fake news to manipulate people according to their ideas and same can be seen in colonial period, information was twisted to support the political control. The difference between the present era and the earlier era is how fast the news is spread and how much it has increased from the earlier period to the modern period.

Case Study : Misinformation of news and fake news in the COVID-19 Pandemic

The COVID-19 pandemic is a period where the fake news spread in a speed more than the virus can spread which lead to panic, anxiety and confusion in people across the world. During corona time many fake news spread about the virus , disease, the precaution , injection etc. Make fake news and misinformation lead to create a wrong idea in the mind of the people. Some spread fake news like gathering in public place does not spread the disease and injection for this will lead to our death. Seeing this people disobeyed the government and ended up creating problem for themselves and others.

Case : Tehseen S. Poonawalla v. Union of India (2018) 9 SCC 501, +.
Issue: The problem before the Court was whether the State have a constitutional responsibility to prevent problems caused by fake news and misinformation and what are the preventive measures which should be taken to protect citizens right to life and dignity in Article 21.
Rule: The Court relied on constitutional principles under Article 21 (Right to Life and Personal Liberty) and Article 19(2) (reasonable restrictions on free speech in the interest of public order). It held that the State have duty to maintain law and order and prevent situations where speech or misinformation leads to violence.
Conclusion: The Supreme Court held that the State is constitutionally responsible to take preventive steps against violence caused by misinformation and fake news.
Critical Analysis
Here we can see the impact of fake news and misrepresentation , which even lead to death of many people and many other life threating problems. News are very sensitive, so one should be very careful while dealing with it. India don’t have a codified law dealing only with this matter. There are combination of many laws such as Information Technology Act, 2000, and some provisions under the Indian Penal Code. These laws prescribe punishment for the acts like spreading false information, creating violence. As, there is no proper single regulation,several challenges are faced such as origin of fake news then enforcement is inconsistent, and there is a conflict between
regulating misinformation and protecting the fundamental right of freedom of speech and expression. Digital media is the biggest platform which spread fake news ,biggest factor contributing the spread of fake news is the lack of digital literacy , people cannot distinguish
between reliable sources and unreliable sources which lead to the unintentional sharing of misinformation and fake news.

Conclusion
Fake news and misinformation are the biggest problem that we face in today,s generation. It can lead to many serious problem including threat to the country. It is not only a legal wrong but also a moral wrong. Many people use this as a tool to make other scared, confused and panic whereas some others spread those news without knowing the actual truth. So it is important to enact a law which completely deal with this matter and prescribe the punishnment for the same.

Suggestions
Law should be amended to treat this as serious problem, punishment should be given to people and should be penalized. Basic education about the digital platform should be given to all and digital platform should make some arrangement ,so that fake news will be automatically rejected.

Written by Durga ,
Legal Intern at Sandhu Law Offices,
RAMAIAH COLLEGE OF LAW, BANGALORE LLM, 2ND YEAR

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