Digital India Bill May Carry Penalties Over Misinformation: Report

Disinformation has emerged as a pressing concern, particularly following allegations that disinformation operations might have influenced significant events such as the 2016 US presidential election.

The proposed draft seeks to penalise misinformation, distinct from disinformation.

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The forthcoming legislative proposal on digital governance might incorporate punitive measures aimed at combatting disinformation campaigns or organised endeavours to disseminate false or deceptive information. As reported by Hindustan Times, authorities familiar with the matter have said that the prospective Digital India Bill could entail penalties for those involved in propagating misleading or false information with the intent of manipulating public sentiment, potentially resulting in financial consequences.

The central government is actively developing this legislation to supplant the existing Information Technology (IT) Act of 2000, a step driven by the necessity to modernise legal frameworks concerning technology, given the substantial evolution in the technological landscape since the establishment of the original regulatory framework.

As per an initial draft, any individual engaging in actions fostering hatred, animosity, hostility, or directly or indirectly influencing election outcomes may face sanctions for their involvement in disinformation campaigns. However, the specific nature of these penalties remains undefined in the draft.

It is important to note that the draft legislation will undergo further refinement and will be subject to public feedback before the Union cabinet finalises the version to be presented to parliament for approval.

Insiders familiar with the matter emphasise that the draft is still undergoing modifications, one of which involves incorporating financial penalties to deter disinformation campaigns, as disclosed by an anonymous official.

During consultations with stakeholders on May 22 regarding the bill, Union Minister for Electronics and Information Technology, Rajeev Chandrasekhar, emphasized the imperative to update legislation, considering India's status as the world's largest digitally connected democracy with 830 million internet users. Chandrasekhar highlighted the outdated nature of the 23-year-old IT Act, which lacks provisions concerning user rights, trust, and safety, and struggles to effectively address evolving forms of cybercrimes such as doxxing, cyberstalking, and online trolling.

Disinformation has emerged as a pressing concern, particularly following allegations that disinformation operations might have influenced significant events such as the 2016 US presidential election and the United Kingdom's EU referendum.

The draft legislation, in its current form, extends provisions against disinformation to encompass any person or group engaging in systematic activities for gain or consideration, contributing to the dissemination of deceptive digital communication. This includes actions promoting hatred, persecution, enmity, or hostility based on protected characteristics, causing panic, disorder, violence, or exerting undue influence on electoral rights or disrupting critical information infrastructure or essential services.

However, the draft bill offers exemptions to individuals who can demonstrate a reasonable belief in the accuracy or public interest of their digital communications and have taken reasonable measures to verify their accuracy prior to engaging in any of the aforementioned actions.

Additionally, the proposed draft seeks to penalise misinformation, distinct from disinformation, focusing on false information dissemination lacking a concerted political, economic, or security-related objective.