Ever since the first case of coronavirus was reported in Wuhan, China, social media platforms have been flooded with various conspiracy theories and strange diets to tackle the disease. In India, too, Facebook owned Whatsapp is playing a major role in adding fuel to the fire, with people sharing false information regarding the origin and spread of the virus coupled with unverified “treatments”. These misleading posts are increasingly amplified in a lockdown creating further panic and frustration in the public. Therefore, a mass awareness campaign on this subject is required to weed out all the posts spreading rumours and misinformation about the disease. Social media platforms also known as “Intermediaries” under the Information Technology(IT) Act, 2008 have to take matters into their own hands without waiting on the law enforcement agencies.

GOI on the other hand, must use provisions provided in the IT Act, Indian Penal Code, and the Disaster Management Act to clamp down harshly on the culprits. Some state police forces have already made arrests in different states, including 11 in Mizoram and 1 in Odisha. Section 54 of the Disaster Management Act(DMA), 2005 which deals with Punishment for false warning, reads – “Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine”. However this section is very specific to disasters and the plague of fake news is on a substantial scale.

Section 505(1)(b) of the Indian penal code which covers a broader spectrum – spreading false statement or rumours that causes ” fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the state or against the public tranquility”. Under this law, the convicted person can be punished with imprisonment up-to three years or fine or both.

When both of these law are combined they make a stronger deterrent to prevent the spread of fake news and many can be held accountable but the fact is not many people do it out of animosity or bitterness , they simply do it out of ignorance and the sheer excitement of forwarding something controversial or “headline” grabbing. We need a new provision for fake news within the IT Act and a massive awareness program to educate people about the detrimental effects of forwarding unverified information and come out victorious on at least one front of this pandemic.