The Karnataka government intends to take on the new-age maladies of hate speech, hate crimes and fake news with two bills. The Karnataka Misinformation and Fake News (Prohibition) Bill proposes to make the spreading of fake news a non-bailable, cognisable offence. Meanwhile, the Karnataka Hate Speech and Hate Crimes (Prevention and Control) Bill, modelled along a similar national law, defines hate crime as an act that “causes harm, incites violence, or spreads hatred based on identity markers such as religion, caste, gender, sexual orientation, tribe, language or disability”; hate speech is defined as “any form of communication—verbal, written, visual or digital—that is intended to promote hostility or incite harm”. The former bill would include content shared on digital media and make social media platforms, telecom operators and internet service providers liable to face legal action, with up to three years in prison and a fine of ₹5,000. Spreading fake news online could invite prison terms of up to seven years and a fine of up to ₹10 lakh.
It is commendable that the government is taking on the hydra-headed monster called fake news, which feeds on itself and has become the cause of much social discord. The law aims to suppress prejudice, and could have a sobering effect on fringe political elements whose vitriolic speeches lead to sharp divisions. “Hurting religious sentiments” has become an oft-used phrase while targeting certain communities or castes, and is interpreted at will. The new laws are likely to bring in clear definitions of hurt and hate, and aid law-enforcing agencies in discerning malicious cases.
While it is almost impossible to filter through the vast folds of social and other media, the proposed laws give district authorities sweeping powers to crack down on offenders. They are expected to face resistance on the grounds of protecting the freedom of speech. A balanced implementation would be essential, as the laws could be misused against honest expression and as a political tool. The drafts exempt artistic works, academic research, factual journalistic reporting and religious discourse, provided the content does not incite violence. It is laudable that the government is making a concerted effort to rein in communalism and foster an atmosphere of positivity.