GAUTAM BUDDHA UNIVERSITY

School of Law, Justice & Governance

CONSEQUENCES OF FAKE NEWS AND

MISINFORMATION.

SUBMITTED BY: PRITI PRIYADARSHI SUBMITTED TO:

ROLL NO. : 20/ILB/095 (SEC. B) Mr. Uttkarsh Bhatt
PROGRAMME: BA LLB (2020-25) Faculty, SOLJ&G

COURSE: LAW AND MEDIA

COURSE CODE: LB409
ABSTRACT
Fake news is not a new phenomenon. With the mushrooming of smartphone users and easy access
to the internet, fake news is spreading at a very high speed from people to people. Why do people
flagrantly believe fake news? Why don’t people fact-check before sharing information with
others? etc., are still some of the questions unanswered.
This research digs into why and how fake news spreads, looking at the ways it tricks people and
causes problems. We study the mindsets, social aspects, and technology involved, aiming to find
smart ways to stop the spread of false information. By exploring real-life examples and using
different fields like psychology and tech, we want to give people the tools to spot fake news and
make the online world a more trustworthy place.

INTRODUCTION
Fake news and misinformation are terms that refer to false or misleading information that is
presented as factual, often to influence public opinion or obscure the truth. Fake news and
misinformation can have serious consequences for society, such as eroding trust in institutions,
spreading fear and hatred, and undermining democracy.
Some of the main sources of fake news and misinformation are social media platforms, online
news outlets, and malicious actors who seek to manipulate public opinion or advance their
agendas. Some of the common types of fake news and misinformation are fabricated stories,
manipulated images or videos, misleading headlines, false claims, and propaganda.
To combat fake news and misinformation, it is important to develop critical thinking skills and
media literacy, as well as to verify the credibility and accuracy of the information sources. Some
of the ways to check the reliability of information are to look for the author, date, and source of
the information, to compare it with other sources, to examine the evidence and logic, and to consult
fact-checking websites or experts. Additionally, it is also important to report and flag any
suspicious or false information that is encountered online and to avoid sharing or spreading it
further.

According to the Collins Dictionary, fake news is false, often provoking, information disseminated
in the form of news reporting. Fake news is forged information that imitates news content in form
but not for organizational purposes. Fake news laps over other major information disorders such
as misinformation and disinformation.
The term fake news was popularized during the 2016 US elections. Spreading fake news is not a
new form of propaganda building. Accurate beliefs lead to the formation of many adaptive or
modified behaviors. One supporter of mistaken convictions is misinformation, including fake
news, which comprises created news stories that are introduced as being from authentic sources
and elevated mostly via web-based networking sites to trick people in general for ideological or
monetary benefit.

SPREAD OF FAKE NEWS

Amidst the growth in high-speed internet in India, the number of first-time users of the internet is
also increasing drastically irrespective of age. The new users are overloaded with information
available online in the form of varied digital content. While misinformation is the dissemination
of fake data trusting it is true, disinformation, which is riskier, is the dissemination of fake news
deliberately.
Using social media to consume news is like using a double-edged sword. On the one hand, it is
cost-effective and fast, but on the other hand, the information that we are consuming may be fake.
Due to the cheap availability and easy access, social media platforms are mostly used to propagate
fake information. And, the rapid spread of fake news has the potential to impart a negative effect
on the individual and the whole society.

For fake news to spread, it requires three important ingredients such as

1. The tools and services for manipulation,
2. Relevant social media networks, and
3. Motivation for action.
Tools and services to spread fake news are abundantly available on social media networks. When
social media networks act as a tool to spread fake news propaganda, the speed at which fake news
spreads is very high. The motivation for spreading fake news always comes with the question-
„why‟. Often, it’s for monetary gain via advertising, whereas, in some other cases the gain varies
from criminal to political. Keeping the motive apart, the real success of fake news depends on the
reach it has, as well as the effect it imparted on the target audience which can make an overall
change in the real world.

CHALLENGES IN THE NETWOEKED SOCIETY

We are living in a networked society where anyone can write and post anything on social media
platforms. The idea of gatekeeping in social media is still bizarre. As it seems like censorship is
quite impossible on social media handles, we are living in an era of free speech for all. But, the
number of information that we come across may be true and may not be true. Believing everything
that we see over the internet can catalyze the process of being a misinformed society. With billions
of daily users, social media platforms prove to play a vital role in the dissemination of news,
opinions, comments and even personal updates.

PSYCHOLOGICAL PERSPECTIVES
A misinformed society is a real threat to democracy and it is the responsibility of everyone to share
information over the internet with more culpability. Forwarding every piece of information without
proper fact-checking can land the entire society in a bigger threat.
According to Social identity theory and normative influence theory, people consume and share
news that is „socially safe‟ to be shared, to gain social acceptance, which is a must for an
individual‟’s self-esteem and identity.

Laws and Regulations to Curb Fake News in India

There is no specific law against fake news in India. Free publication of news flows from Article
19 of the Constitution guaranteeing freedom of speech. Press Council of India, a regulatory body,
can warn, admonish or censure the newspaper, the news agency, the editor or the journalist or
disapprove the conduct of the editor or the journalist if it finds that a newspaper or a news agency
has violated journalistic ethics. News Broadcasters Association (NBA) represents private
television news and current affairs broadcasters. The self-regulatory body probes complaints
against electronic media. Indian Broadcast Foundation (IBF) also looks into the complaints against
content aired by channels. Broadcasting Content Complaint Council (BCCC) admits complaints
against TV broadcasters for objectionable TV content and fake news.

IPC sections
Section 153A: This section 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 criminalizes acts that promote hatred or ill-will between different religious, racial,
or linguistic groups, and actions prejudicial to the maintenance of communal harmony. The
punishment for this offence can range from imprisonment of up to three years, a fine, or both.

Section 292: This deals with the sale of obscene books, etc. It criminalizes the sale, distribution,
or public exhibition of obscene books, pamphlets, or other materials. Violation of this section can
result in imprisonment for up to three months, a fine, or both for the first offence, and imprisonment
for up to two years, a fine, or both for subsequent offences.

Section 295A: This section relates to “deliberate and malicious acts intended to outrage religious
feelings”. It penalizes actions that insult or offend religious beliefs with deliberate and malicious
intent. Violation of this section can lead to imprisonment for up to three years, a fine, or both.

Section 499: This section pertains to the offence of defamation. It defines defamation as making
a false statement to harm a person’s reputation. Exceptions include “imputation of truth”, which
is required for the “public good” and thus has to be published, on the public conduct of government
officials, the conduct of any person touching any public question, and merits of the public
performance.

Section 500: While Section 499 defines defamation, section 500 prescribes the punishment for
criminal defamation. In India, defamation can be both a civil and a criminal offence. The
punishment for criminal defamation can include imprisonment for up to two years, a fine, or both.

Section 503: This relates to the offence of “criminal intimidation”. It criminalizes the act of
threatening another person with injury to their person, property, or reputation to cause fear or
compel them to do something against their will. The punishment may include imprisonment for
up to two years, a fine, or both, depending on the circumstances and severity of the threat.

Section 504: This section deals with “intentional insult with intent to provoke breach of the peace”.
The punishment includes imprisonment for up to two years, a fine, or both.

Section 505: This pertains to the offence of making “statements conducing to public mischief”. It
criminalizes spreading statements, rumors, or reports with the intent to incite fear, alarm, or
provoke a breach of peace. It carries a punishment of imprisonment of up to three years, a fine, or
both.
Section505 (1): This section deals with the offence of “making, publishing, or circulating
statements, rumors, or reports with intent to incite a class or community to commit an offence
against any other class or community”. It criminalizes the deliberate spread of statements to incite
hatred or provoke violence between different groups. The punishment includes imprisonment for
up to three years, a fine, or both.

Sections under the IT Act, 2000

Section 67: This section pertains to “publishing or transmitting obscene material in electronic
form”. It carries a three-year prison term, a fine, or both.

Section 69: This section empowers the government to intercept, monitor, or decrypt any
information generated, transmitted, received, or stored in any computer resource in the interest of
national security.

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.”

Misinformation and Memory

Misinformation and disinformation can exacerbate the mental health issues that we have and
increase the symptoms, making it more difficult for them to heal or cope better. Some symptoms
and conditions that can be easily triggered include panic attacks, phobias, and OCD.
For some individuals, misinformation and disinformation can even prevent them from continuing
with their normal lifestyle.

Fake News Damages: Popular Examples from India

1. Muzzafarnagar riots of 2013: fake video fuelled communal passions
2. UNESCO has declared ‘Jana Gana Mana’ the best national anthem in the world (What Sapp)
3. Dawood properties worth Rs 15000 Cr seized in Dubai (Zee News, ABP)
4. President Kovind makes Twitter debut; gains 3 million followers in one hour (Republic, Zee
news, TOI etc.)
5. Dying Woman Molested, Video shows (The Hindu)
6. Fatwa in Saudi Arabia; Men can eat wives when hungry (AajTak)
7. GPS tracking nanochip in 2000 Rupee notes (Nov 2016)
8. Salt Shortage rumors (Nov 2016)
9. Child kidnapping rumors lead to lynching’s by a mob in Jharkhand
10. AajTak, India.Com Run Fake Tweets as Sushant Singh Rajput’s Last Words.
11. Times Now Links Rhea Chakraborty’s ‘Imma Bounce’ Chat to Bounced Cheque
12. The coronavirus pandemic; Media Outlets: Lokmat, TV9 Bharatvarsh, Times of India, The
Hindu
CONCLUSION
In conclusion, this research delves into the pervasive and detrimental impact of fake news,
emphasizing its roots in the digital age's widespread connectivity and easy information access. The
study underscores the urgent need to comprehend why individuals embrace and perpetuate false
information. Exploring the intricate interplay of psychology, societal dynamics, and technology,
the research sheds light on the methods through which misinformation deceives and disrupts.
The challenges posed by the rapid dissemination of fake news through social media platforms are
evident, presenting a double-edged sword of cost-effective information distribution but also the
risk of misinformation. The consequences of this phenomenon extend beyond individual belief,
affecting society as a whole. As witnessed through real-life examples, the repercussions range
from communal tensions to the erosion of public trust and even threats to democracy.
Legislation in India, while not specifically targeting fake news, addresses related offenses such as
hate speech, defamation, and the spread of obscene material. The legal framework is discussed,
highlighting the multifaceted approach required to combat the complexities of misinformation.
The research recognizes the societal responsibility to cultivate a more informed and discerning
public. It advocates for media literacy, critical thinking, and responsible sharing of information.
The psychological underpinnings of information dissemination, as explored through Social
Identity Theory and Normative Influence Theory, provide valuable insights into why individuals
share news deemed socially acceptable.
The consequences of misinformation extend beyond the digital realm, impacting mental health and
exacerbating existing conditions. Acknowledging the potential harm caused by false information,
the research calls for heightened awareness and responsible sharing to mitigate these adverse
effects.
In essence, this research endeavors to equip individuals with the tools necessary to identify and
counter fake news, fostering a more trustworthy online environment. By combining insights from
psychology, technology, and real-world examples, the study contributes to the ongoing discourse
on combating misinformation, ultimately striving for a more informed and resilient society.
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