*
Karnataka's draft legislation proposes up to 7 years jail
for
spreading misinformation
*
Free speech advocates warn of selective enforcement, risk
of
censorship
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Karnataka bill stricter than national legislation on
social
media
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High stakes in country where fake news can risk stirring
deadly communal strife
By Munsif Vengattil
BENGALURU, June 30 (Reuters) - Draft legislation by
India's tech hub state of Karnataka that would impose jail terms
of up to seven years for spreading "fake news" and other
misinformation has stirred concerns among free speech activists
that it could lead to censorship.
With nearly 1 billion internet users, the stakes are high in a
sprawling country of many ethnic and religious communities where
fake news risks stirring deadly strife and AI deepfake videos
have alarmed officials during elections.
India's federal government already regulates social media
content with legislation empowering it to order takedowns of
disputed content. But some states such as Karnataka have begun
taking their own measures.
Karnataka's bill, the strictest of its kind yet, stipulates
that those posting "fake news" and "anti-feminist" content, or
"promoting superstition", would face imprisonment along with
potential fines.
The 11-page Karnataka Mis-Information And Fake News
(Prohibition) Bill does not define such offences in practice,
but said special courts and a regulatory committee would be set
up to implement it.
Free speech advocates have cited what they say would be the
risk of selective enforcement arising from Karnataka's measure
and flagged concerns that people posting memes or making honest
mistakes online could be prosecuted.
"Misinformation is fairly subjective and every person who
uses the internet is susceptible to falling within the
dragnet of this law," said Apar Gupta, founder of the Internet
Freedom Foundation, a New Delhi-based digital advocacy group
which first made the Karnataka draft legislation public.
The state government of Karnataka, home to the city of
Bengaluru that hosts the offices or branches of many Indian and
foreign tech giants, has said the bill will be released for
public consultation before implementation.
Priyank Kharge, Karnataka's IT minister, said on Friday
"there is a lot of misinformation on the proposed Misinformation
Bill in public". He later added that the "sole objective is to
address the growing digital information disorder" and the
government's focus was to tackle misinformation and fake news,
"and nothing beyond that".
He did not immediately respond to Reuters calls seeking
further comment on Monday.
Karnataka's move could risk creating multiple regulations
imposing conflicting obligations and regulatory challenges for
companies, said Aman Taneja, partner at law and
policy firm Ikigai.
Some Indian media have sharply criticised the draft bill.
The Deccan Herald newspaper on Monday titled an opinion
piece "A remedy that's worse than the menace", saying the
Karnataka government should "do away with the criminal
provisions" in the legislation.
India has over the years held
talks
with U.S. tech giants like Google it sees as having been
slow to remove fake news posts, and New Delhi in 2019 set up a
"Fact Check Unit" to debunk what it sees as misinformation.