New Delhi — A parliamentary standing committee is pushing the government to create a precise legal definition for “fake news,” warning that the current ambiguity could lead to misuse. In a draft report reviewed by the Hindustan Times, the committee stressed the need for a “subtle but clear” definition that balances the fight against misinformation with the fundamental right to free speech.
The report highlights that while media organizations like the Editors Guild of India and the News Broadcasters and Digital Association have differing views, a clear definition is crucial to move forward.
The Call for a Stricter Fact-Checking Framework
The committee’s recommendations go beyond just a definition. It has proposed giving statutory powers to the Fact Check Unit (FCU), which currently operates under the Press Information Bureau (PIB). While the unit has processed over 1.63 lakh queries between April 2020 and April 2025, it lacks the legal authority to enforce its findings.
This push for more power comes after a significant legal setback in September 2024, when the Bombay High Court struck down a provision in the IT Rules, 2021. The court ruled that the government-appointed FCU’s power to demand the takedown of content was unconstitutional.
Independent Body and Higher Penalties Proposed
To effectively combat cross-platform misinformation, the committee has recommended the creation of an independent central monitoring body. This new body would include representatives from the Ministry of Information and Broadcasting (MIB), the Ministry of Electronics and Information Technology (MeitY), media organizations, and other key stakeholders. Its role would be to make decisions on fake news cases and recommend penalties.
The report also pointed out that current penalties for broadcasting fake news are too lenient, with fines capped at a mere ₹25 lakh for broadcasters. The committee has called for stricter fines and greater accountability for editors, publishers, and digital platforms.
To foster a culture of responsibility, the report suggests making internal fact-checking mechanisms and ombudsmen mandatory for all print, digital, and electronic media outlets. While acknowledging that fighting misinformation is essential for safeguarding democracy, the committee’s report cautions that any measures taken must not infringe upon the constitutional guarantees of a free press.