The Karnataka government is set to table a revised version of its controversial legislation originally titled the Misinformation and Fake News (Prohibition) Bill, 2025, following widespread criticism over its earlier draft. The updated version, now titled the Karnataka Misinformation Regulation Bill, 2025, has removed direct references to “fake news”, and softened penal provisions, with the aim to balance digital regulation and free speech.

The earlier draft had sparked strong backlash from media bodies, civil rights groups, and opposition leaders, particularly over the creation of a ‘Fake News on Social Media Regulatory Authority’ and clauses seen as overreaching or unconstitutional.

"We are not trying to change any policy but strengthen what exists,” said State IT-BT Minister Priyank Kharge, adding, “The idea is to ensure there is real news, not misinformation.”

What the Revised Draft Proposes

The new bill, expected to be introduced in the monsoon session of the Karnataka Assembly beginning August 19, defines misinformation as:

“Knowingly or recklessly making a false or inaccurate statement of fact, whether wholly or in part, in the context in which it appears, excluding opinion, satire, religious or philosophical sermons, and parody—as long as a reasonable person would not interpret the content as factual.”

This definition reflects an effort to safeguard artistic and political speech, while still targeting deliberate misinformation that could affect public order, election integrity, or incite crime.

The revised version also removes or reworks provisions considered to violate freedom of speech and legal federalism, including the controversial “Sanatan symbols” clause, which had proposed seven years in prison for any perceived disrespect toward Hindu religious beliefs online.

Penal Provisions and Jurisdiction

The revised bill retains penalties for spreading misinformation—defined as causing public disorder, disrupting elections, or inciting cognizable offences—with imprisonment of three months to five years, and a fine. Abetment is punishable by up to two years’ imprisonment.

The bill will apply to communications disseminated to 10 or more people in Karnataka, whether from inside or outside the state. It includes all media formats: digital bots, websites, TV, newspapers, and even in-person communication.

Additionally, it proposes the establishment of Special Courts in consultation with the Karnataka High Court, which will have the authority to:

• Issue directions to media houses to correct or remove content.

• Impose penalties of up to two years’ imprisonment and Rs 25,000 per day for non-compliance.

“The state government shall, by notification, establish Special Courts comprising a Sessions Judge to provide for speedy trials,” the bill reads.

Removal of Central Bill Copy-Paste Provisions

According to officials involved in the drafting, large sections of the original draft had been copied verbatim from the Union government’s 2019 Fake News (Prohibition) Bill, including:

• A proposed Rs 10 lakh fine,

• Sections referring to Ministers of Information and Broadcasting (not a state subject),

• And corporate liability clauses.

“Everything—from penalties to structure—had to be reviewed and reworked to suit Karnataka’s legislative framework,” said a senior government source.

Controversial ‘Sanatan’ Clause Likely Dropped

The earlier version also included a clause criminalizing the publication of content disrespecting Sanatan Dharma, which faced intense opposition from civil liberties groups and the political spectrum. It was considered vague, open to misuse, and a threat to constitutional secularism.

“The so-called first draft circulating publicly was not final. What we are working on now is legitimate and inclusive,” an official clarified.

Sources confirmed that the Sanatan clause will either be entirely dropped or heavily redrafted to align with legal standards.

Wider National Context

The bill comes as Indian states and the Union government tighten digital and social media regulation, often citing the need to control misinformation, hate speech, and foreign influence. For example:

• In April last year, the Ministry of Corporate Affairs proposed the Digital Competition Act to regulate tech monopolies.

• Meta was fined Rs 213.14 crore by the Competition Commission of India in 2024.

• In a separate case, X Corp (formerly Twitter) filed a writ petition in the Karnataka High Court challenging the Centre's order to block 8,000 accounts.

The Karnataka bill is likely to attract similar scrutiny, especially from civil rights organizations and Big Tech platforms concerned with freedom of speech, data privacy, and platform responsibility.

What’s Next

The draft is currently under inter-departmental scrutiny, with the IT-BT, Home, and Law departments reviewing its legal and penal language. Once cleared, it will be submitted to the state cabinet, before being introduced in the Assembly during the monsoon session.

State authorities say their goal is to regulate misinformation without curbing free expression, but whether the revised bill finds balance or invites further legal challenge remains to be seen.

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