Indian state’s proposed misinformation law opens door to criminalizing press 

New Delhi, July 7, 2025—Authorities in the southern Indian state of Karnataka must ensure that a proposed law to curb misinformation and fake news does not infringe on press freedom or criminalize journalism, the Committee to Protect Journalists said Thursday.

“Criminalizing vague and undefined forms of ‘fake news’ without proper judicial oversight risks silencing critical journalism and creates a chilling effect among journalists,” said Kunāl Majumder, CPJ’s India representative. “The Karnataka government must ensure that any legal measures to address misinformation fully safeguard press freedom and uphold journalists’ right to report without fear of reprisal.”

According to several media reports, the draft bill, parts of which were reportedly leaked, proposes penalties of up to seven years in prison and fines of 1 million rupees  (US$12,000) for those found guilty of spreading “fake news” online. It also outlines broad categories of prohibited content, including material deemed “anti-feminist” or “disrespectful of Sanatan (Hindu) symbols.” The bill proposes a state-appointed authority, led by politicians and government officials, to determine what qualifies as misinformation. It stipulates the creation of special courts and limits anticipatory bail for those accused.

State Information Technology Minister Priyank Kharge said the bill’s current version is an early internal draft, and that broader consultation will occur before any formal introduction. Kharge claimed that the law aims to counter harmful misinformation, especially during elections, and invited input from journalism groups.

Despite these assurances, the proposed law has drawn strong criticism from civil society groups. 

“The bill provides no clear methodology or standards for how the authority or special courts will fact-check and discern false content,” Apar Gupta, founder and director of the Internet Freedom Foundation, an Indian digital rights nonprofit, wrote in an op-ed for the Karnataka-based Deccan Herald newspaper. 

The state government’s proposed law has drawn comparisons to the Indian federal government’s controversial Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021, particularly provisions that allow government authorities to unilaterally label online content as “fake” and compel its removal. These rules were partly struck down by the Bombay High Court in January 2024, and later stayed by the Supreme Court that March. 

Kharge did not respond to CPJ’s email and text message requesting comment.

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