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Over the previous few years, police in numerous states have opened investigations towards numerous individuals for allegedly spreading misinformation and pretend information, the latest instance being that of a TV anchor who was booked by Karnataka Police this week.
Fake information is a major problem world wide, and spreading misinformation or disinformation is against the law below each the Indian Penal Code and the Information Technology Act, 2000. Disinformation is known as false info that’s created or unfold with the deliberate intent of inflicting hurt; within the case of misinformation, the ingredient of intent is considered absent.
Police usually invoke a number of of the next sections of the legislation towards an alleged offender.
IPC sections
* Section 153A: This part pertains to “promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”. It criminalises acts that promote hatred or ill-will between completely different non secular, racial, or linguistic teams, and actions prejudicial to the upkeep of communal concord. The punishment for this offence can vary from imprisonment of as much as three years, a advantageous, or each.
* Section 292: This offers with sale of obscene books, and so on. It criminalises the sale, distribution, or public exhibition of obscene books, pamphlets, or different supplies. Violation of this part may end up in imprisonment for as much as three months, a advantageous, or each for the primary offence, and imprisonment for as much as two years, a advantageous, or each for subsequent offences.
* Section 295A: This part pertains to “deliberate and malicious acts intended to outrage religious feelings”. It penalises actions that insult or offend non secular beliefs with deliberate and malicious intent. Violation of this part can result in imprisonment for as much as three years, a advantageous, or each.
* Section 499: This part pertains to the offence of defamation. It defines defamation as making a false assertion to hurt an individual’s popularity. Exceptions embody “imputation of truth”, which is required for the “public good” and thus must be revealed, on the general public conduct of presidency officers, the conduct of any particular person touching any public query, and deserves of the general public efficiency.
* Section 500: While Section 499 defines defamation, part 500 prescribes the punishment for prison defamation. In India, defamation might be each a civil and a prison offence. The punishment for prison defamation can embody imprisonment for as much as two years, a advantageous, or each. It is below this part that Congress chief Rahul Gandhi was sentenced to 2 years in jail, which triggered the legislation that led to his disqualification from Parliament.
* Section 503: This pertains to the offence of “criminal intimidation”. It criminalises the act of threatening one other particular person with harm to their particular person, property, or popularity with the intention to trigger worry or compel them to do one thing towards their will. The punishment might embody imprisonment for as much as two years, a advantageous, or each, relying on the circumstances and severity of the risk.
* Section 504: This part offers with “intentional insult with intent to provoke breach of the peace”. The punishment consists of imprisonment for as much as two years, a advantageous, or each.
* Section 505: This pertains to the offence of constructing “statements conducing to public mischief”. It criminalises spreading statements, rumours, or reviews with the intent to incite worry, alarm, or provoke a breach of peace. It carries a punishment of imprisonment as much as three years, a advantageous, or each.
* Section 505 (1): This part offers with the offence of “making, publishing, or circulating statements, rumours, or reports with intent to incite a class or community to commit an offence against any other class or community”. It criminalises the deliberate unfold of statements to incite hatred or provoke violence between completely different teams. The punishment consists of imprisonment as much as three years, a advantageous, or each.
Sections below IT Act, 2000
* Section 67: This part pertains to “publishing or transmitting obscene material in electronic form”. It carries a three-year jail time period, a advantageous, or each.
* Section 69: This part empowers the federal government to intercept, monitor, or decrypt any info generated, transmitted, acquired, or saved in any pc useful resource within the curiosity of nationwide safety. It doesn’t specify a punishment however outlines the federal government’s authority to entry such info below sure situations and procedures.
* Section 79: This gives “safe harbour” provisions for intermediaries, shielding them from legal responsibility for user-generated content material in the event that they observe sure due diligence necessities. It doesn’t specify punishment however defines the authorized obligations and immunities of intermediaries in dealing with person content material.
Other sections
* Section 54 of the Disaster Management Act, 2005 says: “If any person circulates any fake news or warning as to disaster, or regarding its severity or magnitude, which leads to panic among the public, then such person shall be punished with one year of imprisonment or with fine.”
* The Digital Personal Data Protection Bill 2023 (which has not been carried out but) has provisions to curb the misuse of people’ information on on-line platforms.
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