It has become a regular practice to circulate offensive messages/fake news through SMS, e-mail, Messenger or other means and the impact of those fake news upon the public is too much and always on the wrong side resulting thereby in confusion, excitement to adopt the wrong course of action without ascertaining the truth factor of the concerned news which may lead to loss of lives and properties even.
As per Article 19(1)(a) of the Constitution of India, freedom of speech and expression is permitted to all citizens of India. But the right is not absolute and that does not mean that any person can freely circulate fake news through email or SMS orby other cyber means.
And furthermore nothing in sub clause (a) of clause 1 of Article 19 of the Constitution of India shall affect the operation of any existing law, or prevent the state from making any law, insofar as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interest of the security of the state etc.
These misleading news or propaganda circulated through SMS, e-mail or by any means for some ulterior object is to be stopped immediately by introducing new rules and regulations if required, along with the existing punishment measures and the same would alone be imposed through the process of the court.
False news item about celebrities, eminent persons as stated below spreads like wildfire. For example, a newspaper published a news item, stating that two sons of a senior Judge of the Supreme Court of India and two sons of the Chief Justice of India had been favoured by allotment of petrol outlets from the discretionary quota of the Petroleum Minister. The falsity of the news item was later admitted by the concerned Editor, Publisher and the newspaper. They said that it had been published inadvertently. It was held that they could not escape responsibility for careless publication. However, as they tendered an unqualified apology, the apology was accepted with a warning to be careful in future. HariJai Singh (in re:, AIR 1997 SC 73 :(1996) 6 SCC 466.
So from the above, persons circulating false/fake news through SMS, e-mail should be careful before circulating the same. On the other hand, the government should think seriously and take measures against such fake item/news to punish the offenders not only by warning but some punishment also to be imposed like simple imprisonment for 10 days and fined Rs 5,000 because most of the issues in question are of criminal nature. By such actions, I suppose offenders will be restrained in the coming days. On the other hand, it is the duty of the public to be more responsible and mentally alert in this field and not be carried away by any news without checking the same.
Prasad Bagchi, Advocate, Supreme Court of India
