The Role of Fake News in Determining Political Narratives


Author: Krishika Yadav, Avantika University Ujjain, Madhya Pradesh

To the Point

In era of digital world, fake news is called as an illegal weapon which is used to shape political narratives. Fake news means news which are false and misleading which are spreaded wilfully. This news is shown or presented like they are real. The main purpose of spreading this type of news is to confuse people also manipulate them and stops them to take right decisions.

Abstract

This article explains legal, political and social impact of fake news. Fake news that spreads quickly on WhatsApp, Factbook twitter (which is now known as X) are only get viral to spread misinformation and also to manipulate people in making political decisions.  In this article we will examine legal framework for fake news, case laws and judicial response and how Indian legal system is addressing these challenges.

Legal Jargons which are used

Misinformation – Wrong or misleading information without malafide intent
Disinformation – With intention of malafide deliberately spreading falsely information
Malicious Publications- The type of content which is presented with aim of causing damage to somebody’s reputation.
Mens Rea – When wilfully fake news is published with criminal intent
Defamation- When somebody’s image or reputation damages due to fake news

The Proof 

According to survey of 2023, India holds position in top 3 countries in fake news.

The Internet Freedom Report highlighted that political propaganda is viral due to fake content.

Press Council of India IT Act 2000 BNS provisions can or used against fake news.

Case laws 

1. Tehseen S. Poonawalla v. Union of India (2018)
In this case, the petition was filed against the increasing incidents of mob lynching, which were often happening due to fake news and cow protection rumours. The Supreme Court said that it is the responsibility of the State to take preventive, punitive and remedial action in such cases. The Court gave orders to appoint nodal officers, form fast-track courts and give victim compensation. Taking active action against fake news was made mandatory.

2. Subramanian Swamy v. Union of India (2016)
This case challenged the validity of criminal defamation which has now become Sections 356(1) and 356(2) of the BNS. The Court decided that protection of reputation is also a fundamental right, so defamation is a reasonable restriction under Article 19(2). If fake news brings bad name to someone, it can become a criminal case. Misuse of free speech is not allowed.

3. Shreya Singhal v. Union of India (2015)
This case challenged Section 66A of the IT Act which punished offensive online posts. The Court declared this section vague and unconstitutional and struck it down. But the Court clarified that there is still a legal remedy available for hate speech, defamation and things that incite violence, like the use of sections of IPC/BNS.

4. Pravasi Bhalai Sangathan v. Union of India (2014)
In this case, the issue of hate speech and fake news increasing communal tension was raised. The Supreme Court said that there is no need to make new laws, strict enforcement of existing laws is enough. Authorities were told to take strong action against fake news and hate content that creates division, so that public harmony is maintained.


Legal Frameworks and Provisions in India

Statues
Relevant Section
Application
Bhartiya Nyaya Sanhita, 2023
Sec. 196, 299, 356(1), 356(2)
Hate speech, defamation, religious provocation
Information Technology Act, 2000
Sec. 66D, 69A
Online fake news, phishing, blocking access
Representation of People Act, 1951
Sec. 123
False statement affecting elections
Press Council Act, 1978
Guidelines on journalistic ethics
Oversight on media practices


Popular Fake News Cases in India
Rahul Gandhi’s Alleged Pro-Pakistan Speech (2019)
In 2019, a doctored (edited) video went viral in which Rahul Gandhi was shown giving a speech in support of Pakistan. The video spread rapidly on social media platforms, increasing confusion and anger among people. Later, fact-checkers clarified that the video was fake and Rahul Gandhi had not said anything like that.
Impact: This fake news had a major impact on public opinion, increasing political polarization and misinformation. This case showed how doctored content can influence the public narrative during elections.
April 2024 – Doctored (edited) video of Amit Shah
Video of Home Minister went viral in Telangana. In that video he was falsely portrayed as him stating that reservations for SCs, STs, and OBCs. This video is generated by the Congress party. Later, found that it was fake.
Social Media Misinformation about India- Pakistan
In May 2025, when tensions between India and Pakistan increased significantly, social media platforms were flooded with false news and AI-generated content. Many fake claims circulated – such as military victory or false claims of defeat – which further worsened the situation. This misinformation spread so fast that the risk of conflict between the two countries increased further.
This incident clearly showed how dangerous unverified information can be during geopolitical crises, especially when people forward everything on social media without thinking.

Legal Recommendations and Reforms


1. Digital Media Ethics Code (2021) – Government has laid down accountability rules for intermediaries and OTT platforms.

2. Fake News Detection Units – PIB Fact Check Unit’s job is to debunk fake news.

3. Need for a Special Law – Till now there is no exclusive legislation for fake news. There is a need for a Fake News Regulation Bill which defines civil and criminal liabilities.

Conclusion


Fake news is not just a communication problem – it is a direct threat to democracy and the rule of law. When citizens are manipulated or given fabricated facts, their political decision-making process gets distorted. India has existing legal tools, but their implementation and awareness are still very low. A strong combination of law enforcement, digital literacy, and tech platform accountability is the only sustainable solution to fight fake news.

FAQS


Q1: Is there a specific law against fake news in India?
No, there is no specific or dedicated law against fake news in India yet. But this does not mean that fake news is not punishable. Existing laws such as the Indian Penal Code (IPC), Information Technology (IT) Act 2000, and the Representation of the People Act are used to handle fake news cases. For example, if a false news spreads communal hatred, sections of the IPC can be applied on it. Similarly, the IT Act is used against online content. The government is also bringing in new rules and guidelines to deal with fake news.

Q2: Is spreading fake news a criminal offence?
Yes, if spreading fake news causes riot, violence, or panic in public, or a person’s image is tarnished (defamation), then it becomes a criminal offence. In such cases, a police complaint can be made and arrest is also possible. Sections like IPC Section 153A (communal hatred), 295A (hurting religious sentiments), and 505 (false statements) can be imposed. If the fake news is about a public servant, then even more strict action can be taken. Criminal liability can be quite serious if the intention is proved.

Q3: Can the government fabricate any news?
Yes, the government has the power to block or ban any digital or online content if it is against national security, public order, or decency. Under Section 69A of the IT Act 2000, government authorized agencies have been given this power. The government follows a proper legal process for this, in which reasons are written and orders are given to remove the content. This is sometimes used to stop fake news, terrorist content, or hate speech. But some people also raise concerns about misuse of this power.

Q4: Which fact-check platforms are reliable?
There are some trusted and verified fact-checking platforms in India that help identify fake news. For example, Alt News, BOOM Live, and PIB Fact Check are considered to be quite reliable. These platforms bring out the truth of viral claims, videos, and news every day with proper proof and sources. Their job is to give correct information to the public and raise awareness against misinformation. These platforms are independent and use third-party verification tools and you can also follow them on social media.

Q5: Do political parties also spread fake news?
Yes, several research reports, journalists and watchdog organizations have shown that political parties – whether ruling or opposition – sometimes use fake or misleading news to advance their agenda. This has often been seen during elections when manipulated videos, half-truths, and false statements are made viral on social media. Their purpose is to influence people’s votes, tarnish the image of opponent leaders, or divert attention. IT cells of parties are active in creating and making such content viral. This practice has become a big challenge for democracy.

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