Karnataka proposes 7-year jail for fake news, ‘anti-feminist’, ‘Sanatan-disrespecting’ content

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The Karnataka government has placed before the state Cabinet a draft Bill against fake news and misinformation, which proposes jail term of up to seven years and fine up to Rs 10 lakh. The Karnataka Mis-information and Fake News (Prohibition) Bill, 2025, has been in the works for two years and aims to crack down on false or misleading content, especially on social media.

The draft Bill seeks to criminalise digital content that could harm public health, safety, law and order, or affect elections. It also allows the state to block posts that it considers anti-feminist, obscene, or disrespectful of “Sanatan symbols”. The proposed law sets up a new regulatory authority and special courts with wide-ranging powers to enforce these rules.

The draft defines “misinformation” as knowingly or recklessly making a false or inaccurate statement of fact, excluding opinions, satire, parody, or artistic expressions that a reasonable person would not interpret as factual. “Fake news” includes misquoting statements, editing audio or video to distort facts or context, and fabricating content.

The draft Bill not only targets individuals but also holds companies and social media platforms accountable for the content disseminated on their networks.

Harsh penalties, special courts

Individuals found guilty of spreading misinformation that threatens public health, safety, tranquility, or the conduct of elections face imprisonment from two to five years and fines. Social media users posting fake news can be jailed for up to seven years and fined up to Rs 10 lakh. Abetment of such offenses is also punishable by up to two years in jail.

To expedite legal proceedings, the government will set up Special Courts with Sessions Judges dedicated to trying offenses under the law. Offenses are classified as cognisable and non-bailable, with strict conditions for granting bail. Special Public Prosecutors with at least seven years of experience will be appointed to handle these cases.

Special Courts will also have the authority to issue “Correction Directions” to counter misinformation and “Disabling Directions” to block access to offending content. Failure to comply could result in additional jail time and fines up to Rs 25 lakh.

"Offences under the Act will be cognisable and non-bailable. Bail can be granted only if the special public prosecutor has been given a chance to oppose it, and the court is satisfied that the accused is not guilty and unlikely to reoffend", the draft Bill reads.

The draft Bill also makes companies and their responsible employees liable for violations, unless they can prove they exercised due diligence or were unaware of the offense. Appeals against Special Court decisions can be made to the Karnataka High Court.

Regulatory authority and enforcement

The draft Bill proposes the creation of a six-member Fake News on Social Media Regulatory Authority, chaired by the Minister for Kannada and Culture. The Authority will also include one representative each from the Legislative Assembly and Council, two members from social media platforms, and an IAS officer as secretary.

Meeting at least twice a month, the Authority will be responsible for enforcing a ban on fake news, as well as abusive and obscene content. It will also oversee the removal of abusive or obscene content, including material deemed anti-feminist or insulting to the dignity of women. 

The draft Bill empowers the Authority to prohibit the publication of content that disrespects Sanatan symbols and beliefs or promotes superstition. Additionally, it is tasked with ensuring that only content based on authentic research in areas such as science, history, religion, philosophy, and literature is permitted online. 

The Authority is also expected to ensure that appropriate punitive action is taken, in line with the Bharatiya Nyaya Sanhita, 2023, against those posting fake news on social media.

Digital rights group flags concerns

Digital rights advocacy group Internet Freedom Foundation (IFF) has urged the Karnataka government to reconsider the draft Karnataka Mis-information and Fake News (Prohibition) Bill, 2025, warning that its provisions could lead to partisan or selective enforcement and pose a threat to free speech.

In a statement issued on June 21, the IFF criticised the draft Bill for proposing criminal penalties, including up to seven years’ imprisonment and fine of Rs 10 lakh, while vesting the power to determine what constitutes "fake news" with a government-led regulatory authority. 

The organisation also pointed out that the full text of the draft Bill has not been published or released for public consultation.

“Criminal speech offences drafted in broad terms invite partisan or selective enforcement. We have seen this play out before: the Supreme Court struck down Section 66A of the IT Act in Shreya Singhal v. Union of India for chilling lawful expression through vague language,” the statement read.

IFF added, “More recently, Kunal Kamra and several media bodies successfully challenged the Union government’s “fact-checking unit” under the 2023 IT Rules on the same grounds, that the State should not be arbiter of truth with the power to penalise dissent. The Bombay High Court’s judgement signalled the constitutional incongruity of empowering an executive-led body to define and punish ‘misinformation’.”

The IFF has made two major demands to the Karnataka government with regard to the draft Bill. 

First, drop the criminal provisions and, instead, pursue narrowly-tailored, rights-respecting civil or administrative measures focused on transparency, corrections, and platform due-process. This should ordinarily be through mass literacy efforts rather than invoking civil or criminal that lead to censorship.

The second demand is the government publish the full draft Bill and background note for public consultation before it is tabled in the Assembly, allowing citizens, media, and experts to review and suggest improvements.

“A democratic approach to misinformation must strengthen, not shrink, the space for free inquiry and dissent,” the statement said, adding that IFF is open to working constructively with lawmakers to craft safeguards that uphold both truth and fundamental rights.

Editor’s Note: The draft bill referred to in this story has since been revised extensively by the Karnataka government. The revised version has been placed before the Cabinet. We will update the story when the state government releases the final version of the bill.